Deadline for placement of tender documentation for open tender. Competition Notice

Hello dear colleague! In today's article, we will talk about participation in the most opaque, in my opinion, procurement procedure - an open tender under 44-FZ. Many beginners and even experienced participants try to avoid participation in open tenders due to the complexity of preparing bids and the presence of a subjective approach in evaluating these bids on the part of the customer. Therefore, in this article I tried to answer all the most common questions about this species procurement, I hope that the material will be useful not only to procurement participants, but also to customers. And so, let's get started...

1. The concept of open competition

Open competition — tender, in which information about the purchase is communicated by the customer to an unlimited circle of persons by posting in the unified information system (EIS) a notice of such a tender, tender documentation, and uniform requirements are imposed on the procurement participants (part 1 of article 48 44-FZ). The winner of the competition is the participant of the competition who offered the best conditions for the execution of the contract based on the criteria specified in the competition documentation, and whose application for participation in the competition was assigned the first number (part 8 of article 53 44-FZ).

The very same procedure for holding an open tender is regulated by articles 48-55 of the 44-FZ.

As follows from federal law No. 44-FZ, this method of procurement is main and is carried out in all cases, except for the cases provided for in Articles 56, 57, 59, 72, 83, 84 and 93 of this Federal Law.

What are these exceptional cases?

1. The purchase refers to a tender with limited participation (Art. 56 44-FZ);
2. The purchase refers to a two-stage tender (Article 57 of 44-FZ);
3. Purchase refers to an auction in electronic form(Art. 59 44-FZ);
4. The purchase refers to a request for quotations (Article 72 of 44-FZ);
5. Procurement refers to the request for proposals (Art. 83 44-FZ);
6. Procurement refers to closed methods for determining suppliers (Article 84 of 44-FZ);
7. The purchase refers to the purchase from a single supplier (Article 93 44-FZ).

According to the price distribution diagram of concluded contracts by methods of determining the supplier (placement of an order) for the period from 01/01/2015 to 09/29/2015, the open tender is in 3rd place in popularity (15.93% of the total number of purchases). In the first place is electronic auction(53.80%), and on the second - purchase from a single supplier (executor, contractor) (22.65%).

2. The procedure for holding an open tender under 44-FZ

In this part of the article, I will describe step by step all the actions of the customer and the procurement participant during an open tender. Let's first consider the actions of the customer.

Customer actions:

Stage #1 — Preliminary preparation for the open tender

At this stage, the customer decides on the procurement and the form of its conduct, organizes and plans the upcoming procurement, forms a tender commission (single commission), determines its composition and functioning, develops and approves the regulation on the commission, attracts a specialized organization (if necessary ).

Stage #2 — Preparation of documents

At this stage, the customer is developing and approving tender documentation ( general provisions, information card, sample forms, justification of the NMCC, terms of reference, draft contract, etc.).

Stage 3 — Publication of a notice of an open tender

At this stage, the customer places on the official website www.zakupki.gov.ru a notice of an open tender, as well as a complete set of tender documentation. Since 2016, posting notices and required documents will take place in the Unified Information System (UIS).

Stage 4 - Reception and registration of applications

At this stage, the customer accepts relevant applications from persons wishing to take part in an open tender, registers them and issues receipts for their receipt.

Stage number 5 – Opening of envelopes with applications (opening access to applications submitted in in electronic format)

At this stage, within the prescribed period, the customer performs the procedure for opening the envelopes with the participants' applications (opens access to applications submitted electronically).

Stage #6 — Consideration of applications and summing up

At this stage, the customer reviews and evaluates the applications received from the participants, determines the winner, draws up a protocol for the consideration and evaluation of applications and places it on the official website - www.zakupki.gov.ru (since 2016 in the EIS). The customer also refunds the funds deposited as security for bids to all participants, except for the winner, to whom such funds are returned after the conclusion of the contract.

Stage number 7 — Signing a contract with the winner

At this stage, the customer enters the necessary information into the draft contract and sends it to the winner, checks for the presence of the security for the performance of the contract or , signs the contract with the winner, and returns to the winner the money contributed as security for the application.

And so, we have dealt with the actions of the customer, now let's look at the actions of the procurement participant.

Actions of the procurement participant:

Stage #1 — Search for information about the ongoing competition

At this stage, the potential participant carries out and downloads the found tender documentation to his computer.

Stage #2 - Preparation of an application for participation in the competition

At this stage, the potential participant is engaged in the analysis of the tender documentation, sends to the customer requests for the provision of documentation or requests for clarification of the provisions of the tender documentation (if necessary), transfers funds as security for the application or draws up a bank guarantee, fills in the necessary forms, completes the application and seals it in an envelope (if the application is submitted in paper form).

In the case of filing an application in electronic form (if it is provided for by the tender documentation), the application must be signed, the receipt of which, the participant must take care of in advance.

Stage 3 - Filing an application

At this stage, the participant sends his application to the customer. He can do it personally, or using the Russian Post, or use the services courier service. The application can be submitted both before the day of opening the envelopes with applications, and directly on the day of opening at the very procedure for opening the envelopes with applications.

Stage 4 - Participation in an open competition

According to Art. 52 44-FZ in the process of opening envelopes, participants can submit an application for participation in the competition, change or withdraw a previously submitted application after the relevant announcement of the competition commission, as well as conduct audio and video recording of the opening of envelopes.

Stage number 5 – Sending a request to the customer for clarification of the results of the tender

According to Part 13 of Art. 53 Any participant in the competition, including those who submitted a single application for participation in the competition, after posting in the EIS the protocol for the consideration and evaluation of applications for participation in the competition, the protocol for considering the only application for participation in the competition, has the right to send in writing or in the form electronic document and to the customer a request for clarification of the results of the tender.

Stage #6 - Conclusion of a contract with the customer

In the event that the procurement participant is declared the winner, he must receive from the customer a protocol for the consideration and evaluation of applications along with a draft contract. Then the winner must transfer funds to the customer's account as a security for the performance of the contract, or provide a bank guarantee and send the signed contract to the customer's address along with a supporting document on the provision of security for the performance of the contract. After the customer, for his part, has signed the contract, he must return the bid security to the winner.

Here we are with you and considered the procedure for holding an open competition. However, each of the stages discussed above has strictly regulated deadlines, which we will discuss below.

3. Deadlines for holding an open tender under 44-FZ

For ease of perception of information, all stages of the open tender, as well as the timing of these stages, are presented below in the form of a table. In the penultimate column there is a link to a specific paragraph of Law No. 44-FZ, in which these terms are established. The table elements below are clickable, i.e. Clicking on an image with the left mouse button will open it in full size.

4. Notice of an open tender

Notice of an open tender (OK) is placed by the customer in the EIS not less than 20 days until the date of opening the envelopes with applications or opening access to applications submitted in the form of electronic documents. In addition, the customer also has the right to publish a notice of the OK in any media or websites, provided that such publication is carried out together with placement in the EIS.

The notice of an open tender shall contain the following information:

1) information provided for in Article 42 44-FZ, namely:

• information about the customer, responsible official of the customer, specialized organization;
• a summary of the terms of the contract;
• purchase identification code (from January 1, 2017);
• restriction of participation in the determination of the supplier (contractor, performer);
• the method used to determine the supplier (contractor, performer);
• the term, place and procedure for submitting bids of procurement participants;
• the amount and procedure for depositing funds as security for applications for participation in the procurement, as well as the terms of the bank guarantee;
• the amount of security for the performance of the contract, the procedure for providing such security, the requirements for such security, as well as information on banking support for the contract in accordance with Article 35 of 44-FZ.

2) requirements for open tender participants and an exhaustive list of documents to be submitted by the OC participants in accordance with paragraph 1 of part 1 of Article 31 of 44-FZ ( Note: is that the participant has the necessary permits, licenses, etc.), as well as the requirement for the OC participants in accordance with Part 1.1 (if there is such a requirement) of Article 31 of the 44-FZ ( Note: this requirement that the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant be absent in the register of unscrupulous suppliers (contractors, performers) provided for by 44-FZ);

3) methods of obtaining tender documentation, the term, place and procedure for providing tender documentation;

4) the fee (if it is established) charged by the customer for the provision of tender documentation, the method of implementation and the currency of payment;

5) the language or languages ​​in which the tender documentation is provided;

6) the place, date and time of opening envelopes with applications for participation in an open tender and (or) opening access to these applications submitted in the form of electronic documents, the date of consideration and evaluation of such applications;

7) the benefits provided by the customer in accordance with articles 28 - 30 of 44-FZ ( Note: these are advantages for enterprises of the penitentiary system, organizations of the disabled, small businesses and socially oriented non-profit organizations);

8) conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons, if these conditions, prohibitions, restrictions are established by the customer in the tender documentation in accordance with Article 14 44-FZ;

9) details of the account for depositing funds as security for the bids of participants in such a tender.

Amendments to the notice of an open tender

The customer has the right to decide to amend the notice of the OK not later than 5 days before the deadline for submitting applications for participation in the open tender. The number of amendments to be made to the notice has not been established by law; The customer can make changes to the notice as many times as needed.

Within one day from the date of adoption said decision such changes are placed by the customer in the EIS. At the same time, the deadline for filing applications for participation in an open tender must be extended in such a way that from the date of placement of such changes until the deadline for filing applications for participation in the MC, this period is at least 10 working days .

Important: If the customer makes changes to the notice, changing the object of procurement and increasing the amount of security for bids for participation in an open tender is not allowed.

5. Tender documentation for an open tender

The tender documentation is placed by the customer in the EIS simultaneously with the placement of the notice of the OK. The tender documentation must be available for review in the EIS without charging a fee.

The tender documentation, along with the information specified in the notice of an open tender, must contain:

1) the name and description of the object of procurement and the terms of the contract in accordance with Article 33 of 44-FZ, including the justification of the NMCC;

2) information about the currency used to form the price of the contract;

3) the procedure for applying the official foreign exchange rate to the Russian ruble, established by the Central Bank of the Russian Federation and used when paying for the contract;

4) the content requirements provided for in Article 51 44-FZ, including the description of the proposal of the OC participant, the form, composition of the application for participation in an open tender and instructions for filling it out;

5) information about the possibility of the customer to change the terms of the contract in accordance with the provisions of 44-FZ;

6) information on the possibility of the customer to conclude contracts with several participants in an open tender for the performance of two or more research works constituting one lot in relation to one subject and with the same contract terms specified in the tender documentation;

7) the procedure and deadline for withdrawing applications for participation in the OC, the procedure for returning applications for participation in an open tender (including those received after the deadline for submitting these applications), the procedure for making changes to these applications;

8) the procedure for providing participants in an open tender with explanations of the provisions of the tender documentation, the start and end dates for such provision;

9) criteria for evaluating applications for participation in an open tender, the magnitude of the significance of these criteria, the procedure for considering and evaluating applications for participation in an open tender in accordance with 44-FZ;

10) the amount of security for an application for participation in an open tender, as well as the conditions of a bank guarantee (including its validity period);

11) the amount and conditions of the contract performance security;

12) information about contract service, the contract manager responsible for the conclusion of the contract, the period within which the winner of the OC or another participant must sign the contract, the conditions for recognizing the winner of the OC or this participant evading the conclusion of the contract;

13) information on the possibility of unilateral refusal to perform the contract in accordance with the provisions of parts 8 - 26 of article 95 of 44-FZ.

To tender documentation in without fail draft contract must be attached , because it is an integral part of the tender documentation.

When making some purchases, in addition to the above information, the tender documentation must contain Additional information.

Additional requirements for the content of the tender documentation of an open tender in the course of procurement:

1) for the provision of services of a specialized depository and trust management of pension savings funds are established by Article 19 of the Federal Law of July 24, 2002 No. Russian Federation»;

2) for the provision of specialized depository services rendered to the authorized federal body and trust management are established by Article 24 of the Federal Law of August 20, 2004 No. 117-FZ "On the savings and mortgage system of housing for military personnel";

3) for the performance of work related to the regular transportation of passengers and baggage by car and urban ground electric transport are established by federal law regulating relations for the organization of regular transportation of passengers and luggage by road transport and urban ground electric transport.

Provision of tender documentation at the request of an interested person

After the customer has posted a notice of the QA in the EIS, any interested person may send a written application to the customer for the provision of tender documentation.

Within 2 working days from the date of receipt of the relevant application, the customer is obliged to provide such person with tender documentation in the manner specified in the notice of an open tender.

The tender documentation is provided on paper after the person pays a fee for the provision of tender documentation, if this fee is set by the customer and an indication of this is contained in the notice of the OC, except for the cases when the tender documentation is provided in the form of an electronic document.

The amount of payment for the tender documentation on paper should not exceed the costs of the customer for making a copy of such documentation and delivering it to the person who filed the said application by post.

The provision of tender documentation in the form of an electronic document is free of charge, except for the fee that may be charged by the customer for the provision of tender documentation on an electronic medium (CD-disk, flash drive, memory card).

Important: The tender documentation posted in the EIS must fully comply with the tender documentation provided at the request of interested parties.

Making changes to the tender documentation

The customer has the right to decide on making changes to the tender documentation not later than 5 days before the deadline for submitting applications for participation in the open tender.

Within one day from the date of the decision to amend the tender documentation, such changes are posted by the customer in the EIS, and within 2 working days from this date are sent by registered mail or in the form of electronic documents to all participants who were provided with tender documentation ( Note: participants who downloaded the tender documentation from the EIS and did not send a request to the customer for the provision of tender documentation must track such changes on their own).

When making changes to the tender documentation, the deadline for filing applications for participation in the OC must be extended so that from the date of placement in the EIS of such changes until the deadline for filing applications for participation in the OC, this period is at least 10 working days , with the exception of cases provided for by 44-FZ.

Important: In case of making changes to the tender documentation, changing the object of procurement, increasing the amount of security for bids for participation in an open tender is not allowed.

Submission of a request for clarification of the provisions of the tender documentation

Any participant in the open competition not later than 5 days before the deadline for submitting applications for participation in the OC, the Company has the right to send in writing to the customer a request for clarification of the provisions of the tender documentation.

Within 2 working days from the date of receipt of the specified request, the customer is obliged to send in writing or in the form of an electronic document explanations of the provisions of the tender documentation.

Within one business day from the date of sending clarifications of the provisions of the tender documentation, such clarifications must be posted by the customer in the EIS indicating the subject of the request, but without indicating the person from whom the request was received.

Important: Explanations of the provisions of the tender documentation should not change its essence.

6. Information card of the open competition

Information card of the open competition – The “heart of the tender documentation” is, as a rule, a summary table with basic data (excerpts) on the ongoing procurement. If the information contained in the information card has a discrepancy with the data indicated in the general part of the tender documentation, then it is necessary to be guided by the information indicated in the information card.

You can learn more about other parts of the tender documentation from the article about.

7. Requirements for participants in an open tender

According to paragraph 4 of Article 3 of 44-FZ, any legal entity can be a participant in an open tender, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of legal entity registered in an offshore zone) or any individual, including those registered as individual entrepreneur.

General requirements for all procurement participants are established in Article 31 of 44-FZ.

8. Application for participation in an open tender

In order to take part in an open tender, a participant must prepare and submit his application for participation in the competition in a sealed envelope that does not allow viewing the contents of the application before opening, or in the form of an electronic document (if such a form of application is allowed by the tender documentation).

The OC participant has the right to submit only one application for participation in the OC in respect of each subject of the open tender (lot). Note: If it is established that one participant in an open tender has submitted two or more applications for participation in the MC in relation to the same lot, provided that the applications for participation in the competition submitted earlier by this participant have not been withdrawn, all applications for participation in the competition of this participant submitted in relation to the same lot, are not considered and returned to this participant.

The tender application should be filled out in accordance with the instructions for filling out the application attached to the tender documentation.

Charging fees from OC participants for participation in an open tender is not allowed, with the exception of fees for providing tender documentation in cases provided for by 44-FZ, which we discussed earlier in this article.

An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely:

1) information and documents about the open tender participant who applied for participation in the OK, namely:

• Name, brand name(if any), location, postal address (for a legal entity), TIN (if any) of the founders, members of the collegial executive body, the person acting as the sole executive body of the OC participant, full name (if any), passport details, place of residence (for individuals), contact phone number;

• an extract from the Unified State Register of Legal Entities (EGRIP) or a notarized copy of such an extract received no earlier than 6 months before the date of placement in the EIS of a notice of an open tender, copies of identity documents (for another individual), a duly certified translation into Russian the language of documents about state registration legal person or individual persons as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);

• a document confirming the authority of the person who signed the application;

• documents confirming the compliance of an open tender participant with the requirements for tender participants established by the customer in the tender documentation in accordance with clause 1, part 1, art. 31 44-FZ, or copies of such documents ( Note: these are necessary permits, licenses, etc.), as well as a declaration of compliance of an open tender participant with the requirements established in accordance with paragraphs. 3 - 9 h. 1 tbsp. 31 of this Federal Law ( Note: you can download a sample of such a declaration in section paragraph 24);

• copies constituent documents a participant in an open tender (for a legal entity);

• decision to approve or commit big deal or a copy of such decision;

• documents confirming the right of the OC participant to receive benefits or certified copies of such documents ( Note: when providing such benefits to enterprises of the penitentiary system, organizations of the disabled, small businesses and socially oriented non-profit organizations);

• documents confirming the compliance of the OC participant and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions if such conditions, prohibitions and restrictions are established by the customer in the tender documentation in accordance with Article 14 of 44-FZ, or certified copies of such documents;

• a declaration of the affiliation of the OK participant to the SMP or SONO in the event that the customer establishes a restriction provided for by part 3 of article 30 of 44-FZ;

2) price offer participant of the OK (in the case of the purchase of goods, also the unit price of the goods), the name of the country of origin of the goods;

3) in the cases provided for by the tender documentation, copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation (if there are such requirements for the specified product, work or service in accordance with the legislation of the Russian Federation). At the same time, it is not allowed to demand the presentation of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods;

4) if the offer of the participant is 25 percent or more lower than the NCMC, documents confirming the good faith of the participant in the open tender;

5) documents confirming the submission of the security of the application for participation in the OK ( payment order , confirming the transfer of funds as security for an application for participation in an OC with a bank mark, or a copy of this payment order certified by the bank or included in the register of bank guarantees bank guarantee );

6) documents confirming the qualifications of the participant (if the tender documentation specifies such a criterion for evaluating applications). Note: the absence of these documents is not a basis for recognizing the application as not complying with the requirements of 44-FZ;

7) sketch, drawing, drawing, photograph, other image, sample, test of the goods, the purchase of which is carried out;

8) an inventory of the documents included in the application.

Important: It is not allowed to demand other documents and information from the OC participant, with the exception of the documents and information listed above.

Registration of the competitive application of the participant

1. All sheets of a written application for participation in an open competition, all sheets of a volume of such an application must be bound and numbered ( Important: improper fulfillment of the requirement that all pages of the application and volumes must be numbered is not a basis for refusing admission to participation in the OC). Note: you can download the sticker for flashing the documentation “Stitched and numbered” in section point 7;

1. The application for participation in the OC and the volume of such an application must contain an inventory of the documents included in them, be affixed with the seal of the OC participant if there is a seal (for a legal entity) and signed by the OC participant or a person authorized by the OC participant;

1. The signed application is sealed in an envelope that does not allow viewing the contents of the application before opening ( Important: refusal to accept and register an envelope with an application for participation in an open tender, which does not contain information about the person submitting it, and the requirement to provide relevant information is not allowed). Note: you can download a sample of the design of the envelope with the application in section point 8;

Important: It is not allowed to establish other requirements for the execution of an application for participation in an open tender, with the exception of the requirements for the execution of such an application provided above.

The procedure for submitting an application for participation in the OK is specified in the tender documentation.

9. Enforcement of the application and enforcement of the contract when participating in an open tender

Application security

When conducting OK, the customer must establish requirements for securing applications. Securing an application for participation in the OK can be provided by the procurement participant by depositing funds or.

The choice of the method of securing an application for participation in the OK is carried out by the procurement participant independently. The requirement to secure a bid equally applies to all procurement participants.

The amount of the application security must be from 0.5% to 5% of the initial (maximum) contract price (IMCC) or, if the purchase is carried out among enterprises of the penitentiary system, organizations of the disabled, small businesses (SMEs) or socially oriented non-profit organizations (SONO), then the amount of the application security cannot exceed 2% of the initial (maximum) contract price .

Enforcement of the contract

The customer in the notice of an open tender, the tender documentation, the draft contract must establish the requirement to ensure the performance of the contract.

The execution of the contract can be ensured by the provision of a bank guarantee or by depositing funds to the account specified by the customer. The method of securing the performance of the contract is determined by the winner independently. The contract is concluded with the winner only after the performance of the contract has been provided.

The amount of the contract performance security must be from 5% to 30% NMTsK specified in the notice of procurement.

When, if NMTsK exceeds 50 million rubles , the customer is obliged to establish a requirement to secure the performance of the contract in the amount of from 10% to 30% NMTsK , but not less than the amount of the advance payment (if the contract provides for the payment of an advance payment).

If the advance payment exceeds 30% NMTsK, the amount of the security for the performance of the contract is set in the amount of the advance payment.

In the event that the price proposed in the application of the procurement participant is reduced by 25 percent or more in relation to the NMCC, the procurement participant with whom the contract is concluded provides one and a half times security for the performance of the contract or documents confirming the good faith of such a participant.

10. Documents confirming the good faith of a participant in an open tender

It is necessary to place documents confirming the good faith of the participant as part of the competitive application, subject to two conditions:

1. the initial maximum contract price (IMCC) does not exceed 15 million rubles;
2. A participant in an open tender proposed a contract price that is 25 percent or more lower than the NMCC.

The procurement participant can confirm his good faith by providing information on executed contracts for a certain period of time before the date of filing an application for participation in an open tender.

During the competition, the specified information must be provided by the participant directly as part of the application (part 4 of article 37 44-FZ).

Identification of the unreliability of the information provided when participating in an open tender entails the rejection of the participant's application.

11. Power of attorney to participate in an open tender

A power of attorney to participate in an open tender can be of 3 types:

• Power of attorney for the right to sign an application for participation in an open tender;
• Power of attorney for the right to be present at the procedure for opening envelopes with applications / opening access to electronic applications;
• Power of attorney for the right to act on behalf of the participant.

Power of attorney to sign must be included in the bid itself. In addition to the power of attorney, the application must also include a copy of the passport of the person to whom this power of attorney was issued. The power of attorney must be certified by the signature of the head and sealed (if any). Also, the application must be accompanied by documents confirming the authority of the head.

Power of Attorney for the right to be present at the procedure for opening envelopes with applications entitles a person to be physically present at the procedure of opening/opening access. This power of attorney is provided to the competition commission at the stage of registration of participants present at the opening / access procedure. In addition to the power of attorney itself, the person present at the opening procedure must also have an identity document - a passport. Sometimes they ask for it, sometimes they don't. But in any case, you should have it with you.

And finally power of attorney to act on behalf of the participant . This power of attorney gives the person broader powers than just being present at the opening / access opening procedure itself. In addition to being present, a person has the right to submit an application, withdraw an application or give explanations or clarifications to the commission during the process of opening / opening access, receive or transfer any documents. This power of attorney is also transferred to the competition commission at the stage of registration of participants present at the very procedure of opening / opening access. A passport will also be required to verify identity.

You can download all these powers of attorney in the section in paragraph 2.

12. Criteria for evaluating applications during an open tender

Criteria for evaluating bids during an open tender can be cost and non-value.

Cost criteria include:

1. contract price;
2. expenses for the operation and repair of goods (objects), the use of the results of work;
3. price life cycle goods (object) created as a result of work;
4. a proposal for the amount of relevant customer costs that the customer will incur or incur under the energy performance contract.

Non-value criteria include:

1. qualitative, functional and environmental characteristics of the procurement object:

a) the quality of goods (quality of work, quality of services);

b) functional, consumer properties goods;

c) compliance with environmental standards.

1. qualifications of procurement participants, including whether they have financial resources, equipment and others material resources belonging to them on the basis of ownership or otherwise legal basis, work experience related to the subject matter of the contract, and business reputation, specialists and other employees of a certain skill level:

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

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

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

d) provision of the procurement participant labor resources;

e) business reputation of the procurement participant.

Decree of the Government of the Russian Federation No. 1085 dated November 28, 2013 approved the Rules for evaluating applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the Evaluation Rules).

These Evaluation Rules apply to all purchases, except for purchases made through:

- auction;

— request for quotations;

- from a single supplier (contractor, performer);

- request for proposals (if the customer has established other criteria for evaluating applications that are not provided for by Part 1 of Article 32 of 44-FZ).

According to the Valuation Rules, the procurement documentation must contain the materials used to determine the supplier (contractor, performer) criteria for evaluation and significance values ​​of evaluation criteria .

The number of evaluation criteria used to determine the supplier (contractor, performer) in the course of procurement must be at least 2 , one of which should be the "contract price" evaluation criterion, and in some cases, the "life cycle cost" evaluation criterion.

In the procurement documentation regarding non-monetary evaluation criteria indicators can be provided , revealing the content of non-monetary evaluation criteria and taking into account the peculiarities of the evaluation of purchased goods, works, services according to non-monetary evaluation criteria.

The sum of the significance values ​​of the evaluation criteria used by the customer must be 100%. The sum of the significance values ​​of the indicators of the evaluation criterion should be 100%.

Also, the Applications Evaluation Rules provide for limit values ​​for the significance of cost and non-value evaluation criteria as a percentage.

Purpose of Application Evaluation – identification of the best terms of the contract execution proposed by the procurement participants.

Based on the results of evaluation of applications for participation in the competition, the competition commission assigns to each application for participation in the competition a serial number in descending order of the degree of profitability of the terms of contract execution contained in them.

The application for participation in the competition, which contains the best conditions for the execution of the contract, is assigned the first number. In the event that several bids for participation in the tender contain the same conditions for the execution of the contract, a lower serial number is assigned to the bid for participation in the tender, which was received earlier than other bids for participation in the tender containing the same conditions.

The winner of the competition is the participant of the competition who offered the best conditions for the execution of the contract based on the criteria specified in the competition documentation, and whose application for participation in the competition was assigned the first number.

The issue of evaluating applications is quite complex and voluminous, and in order not to inflate this article to an incredible size, I have indicated only the key points. If we analyze the issue of evaluation in detail, then we will need a separate article, and maybe even a series of articles. Therefore, I recommend that you familiarize yourself with Decree of the Government of the Russian Federation No. 1085.

13. Recognition of an open tender as invalid

Below are the cases in which an open tender is declared invalid.

1. In the event that at the end of the deadline for submitting applications for participation in the OC, only one application for participation in the OC has been submitted or not a single such application has been submitted, the open tender is recognized as failed (part 13 of article 51).

Customer actions: In the event that the only submitted application is recognized as complying with the requirements of 44-FZ and the tender documentation, the customer concludes a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Art. 93 44-FZ.

In the event that by the end of the deadline for filing applications for participation in the tender, no such application has been submitted, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeat tender.

2. In the event that, based on the results of consideration of applications for participation in the tender, the tender commission rejected all such applications or only one such application meets the requirements specified in the tender documentation, the tender is declared invalid (part 6 of article 53).

Customer actions: If, based on the results of consideration of applications for participation in the tender, only one application is recognized as complying with the requirements of 44-FZ and tender documentation, the customer concludes a contract with a single supplier (contractor, performer) in accordance with clause 25, part 1, art. 93 44-FZ.

If, based on the results of consideration of applications for participation in the tender, the tender commission rejected all such applications, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeat tender.

3. In the event that the second participant (when the winner of an open tender evades concluding a contract with the customer) did not provide the customer with signed copies of the contract and enforcement of the contract within the prescribed period, the tender is declared invalid (part 6 of article 54).

Customer actions: If the participant of the tender, whose application for participation in the tender was assigned the second number, refused to conclude a contract, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeated tender.

Conducting a repeat competition

The customer places a notice of a repeated tender in the EIS at least 10 days before until the date of opening the envelopes with applications for participation in this competition and opening access to applications submitted in the form of electronic documents for participation in this competition.

If the repeated tender is declared invalid, the customer must conduct a request for proposals.

14. Conclusion of a contract based on the results of an open tender

The contract is concluded not earlier than 10 days and not later than 20 days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition. In this case, the contract is concluded only after the bidder provides security for the performance of the contract.

Within 10 days from the date of posting in the EIS the protocol for the consideration and evaluation of applications for participation in the tender, the winner of the tender must sign the contract and submit all copies of the contract to the customer. At the same time, the winner of the tender, simultaneously with the contract, is obliged to submit to the customer documents confirming the provision of security for the performance of the contract. If the winner does not fulfill these requirements, then such a winner is recognized as having evaded the conclusion of the contract.

15. The difference between a tender and an auction under 44-FZ

In this part of the article, I would like to say a few words about the difference between an open tender and an electronic auction within the framework of 44-FZ.

First and the most important difference between these two procurement procedures are the criteria for evaluating the bids of participants. If in an electronic auction the contract price is the only criterion for evaluating the bids of participants, then in an open tender, in addition to cost criteria, non-cost criteria are also used, such as participant qualifications, experience, etc.

Second An important difference is the way the procurement procedure is carried out. Electronic auctions within the framework of 44-FZ are held at 5 specialized state electronic platforms. In order to participate in electronic auctions, the participant must have electronic signature and he must be accredited at these venues. Participation in the competition also implies the possibility of submitting applications in electronic form, however, until the launch of the ENI, all competitions are held in paper form.

Third the difference is the timing of the procedures. The timing of an open tender compared to an electronic auction is much longer. So, for example, the placement of a notice of an OK is made by the customer in the UIS at least 20 days before the date of opening the envelopes with applications, and the notice of an electronic auction is placed at least 7 days in advance (if the NMCC does not exceed 3 million rubles ) and not less than 15 days (if the NMCC is more than 3 million rubles). Consideration and evaluation of applications for participation in the competition should not exceed 20 days from the date of opening the envelopes, consideration of 1 parts of applications for participation in an electronic auction no more than 7 days from the date of the deadline for filing applications, and consideration of 2 parts of applications no more than 3 working days from the date of posting on electronic platform protocol for conducting an electronic auction.

Fourth the difference is the method of securing the application. If, when participating in an open tender, a participant can provide bid security both in the form of cash and in the form of a bank guarantee, then when participating in an electronic auction, only cash is accepted as bid security.

Here I have given only the most important differences between an open tender and an electronic auction under 44-FZ, but there are other differences, but they are less significant.

On this, my article on participation in open competitions within the framework of 44-FZ came to an end. If you have any questions, then ask them below in the comments.

of this Federal Law due to the fact that at the end of the deadline for filing applications for participation in the tender, only one application has been submitted, and such an application has been recognized as complying with the requirements of this Federal Law and tender documentation;

3) Part 9 of Article 56 of this Federal Law due to the fact that, based on the results of the pre-qualification selection, only one procurement participant was recognized as complying with the established uniform requirements, additional requirements, and the application of such a participant was recognized as complying with the requirements of this Federal Law, tender documentation.

2. The customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeated tender in accordance with part 3 of this article or a new purchase in cases where the tender is declared invalid on the grounds provided for:

3) Part 9 of Article 56 of this Federal Law due to the fact that, based on the results of the pre-qualification selection, not a single procurement participant was recognized as complying with the established uniform requirements and additional requirements.

3. The customer places a notice of a repeated tender in the unified information system at least ten days before the date of opening the envelopes with applications for participation in this tender. At the same time, the object of procurement, the quantity of goods, the amount of work or service, the requirements for procurement participants, the object of procurement, the terms of the contract contained in the tender documentation and the draft contract must comply with the requirements and conditions that were contained in the tender documentation of the tender recognized as invalid, with the exception of the period for the execution of the contract, which must be extended for a period not less than the period necessary for the re-tender, and the initial (maximum) price of the contract, the initial sum of prices for units of goods, work, services, which can be increased by no more than ten percent of the initial (maximum) price of the contract, the initial sum of the prices of units of goods, works, services provided for by the tender documentation of the tender declared invalid. Conducting a repeated tender is carried out in accordance with the provisions of this Federal Law on holding an open tender, taking into account the provisions of this article. In the event that uniform requirements and additional requirements are established for participants in the re-tender, the provisions of Article 56 of this Federal Law shall apply in the course of the re-tender, subject to the provisions of this article.

(see text in previous edition)

4. In the event that the repeated tender is declared invalid on the grounds provided for in clauses 1-3 of part 2 of this article, the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out this procurement by conducting a request for proposals in accordance with Clause 8 of Part 2 of Article 83 of this Federal Law (in this case, the object of procurement cannot be changed) or otherwise in accordance with this Federal Law.

6. If the two-stage competition is declared invalid on the grounds provided for by Part 15 of Article 57 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in the two-stage competition, not a single such application has been submitted or the competition commission has rejected all such applications, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeated tender in accordance with paragraph 3 of this article with the participation of an unlimited number of persons or again makes a purchase.

7. If a two-stage tender is declared invalid on the grounds provided for by Part 15 of Article 57 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in a two-stage tender, only one such application has been submitted, and such an application is recognized complying with the requirements of this Federal Law and the tender documentation or, based on the results of consideration of final applications for participation in a two-stage tender, only one application is recognized as complying with the requirements of this Federal Law and tender documentation, the customer concludes a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of part 1 Article 93 of this Federal Law.

57. The applicant has the right to change or withdraw the application for participation in the competition at any time immediately before the start of the procedure for opening envelopes with applications for participation in the competition. The organizer of the competition shall return the funds deposited as security for the application for participation in the competition to the applicant who has withdrawn the application for participation in the competition within 5 working days from the date of receipt by the organizer of the competition of the notice of withdrawal of the application.

59. If before the beginning of the procedure for opening envelopes with applications for participation in the competition, no application for participation in the competition has been submitted, the organizer of the competition, within 3 months from the date of the deadline for submitting applications, conducts a new competition in accordance with these Rules. At the same time, the organizer of the competition has the right to change the conditions for holding the competition and is obliged to increase the estimated amount of the fee for the maintenance and repair of the residential premises by at least 10 percent, in this case the amount of the fee for the maintenance and repair of the residential premises cannot exceed the amount of the fee for the maintenance and repair of the residential premises which is set by the authority local government(in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. Petersburg and Sevastopol - the body state power of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities) in accordance with Part 3 of Article 156 of the Housing Code of the Russian Federation, more than 1.5 times.

VII. The procedure for considering applications for participation in the competition

60. Applicants or their representatives have the right to be present at the opening of envelopes with applications for participation in the competition. Immediately before the opening of the envelopes with applications for participation in the competition, but not earlier than the time specified in the notice of the competition and in the competition documentation, the competition commission is obliged to announce to the persons present at the opening of such envelopes about the possibility of changing or withdrawing the submitted applications, as well as submit an application for participation in the tender to replace the withdrawn one before the start of the envelope opening procedure.

63. Name (for a legal entity), last name, first name, patronymic (if any) (for an individual entrepreneur) of each applicant, the envelope with the application for participation in the tender of which is opened, information and information on the availability of documents provided for by the tender documentation, are announced upon opening envelopes and are recorded in the protocol of opening envelopes with applications for participation in the competition.

64. When opening envelopes with applications for participation in the competition, the competition commission has the right to demand from the applicant present at its meeting clarifications of the information contained in the documents submitted by him and in the application for participation in the competition. In this case, it is not allowed to change the application for participation in the competition. The competition commission is not entitled to make additional requirements for applicants. It is not allowed to change the requirements for applicants provided for by the tender documentation. These clarifications are entered into the protocol for opening envelopes with bids for participation in the tender, drawn up in the form in accordance with Appendix No. 6 (hereinafter referred to as the protocol for opening envelopes).

65. The protocol of opening the envelopes is kept by the tender committee and signed by all members of the tender committee present immediately after opening all the envelopes. The protocol is posted on the official website by the organizer of the competition or on his behalf by a specialized organization on the day of its signing.

66. The organizer of the competition is obliged to make an audio recording of the procedure for opening envelopes with applications for participation in the competition. Any person present at the opening of envelopes with applications for participation in the competition has the right to make an audio and video recording of the opening procedure.

67. Envelopes with applications for participation in the competition, received after the beginning of the procedure for opening envelopes, are returned by the organizer of the competition to applicants on the day they are received. The organizer of the competition returns the funds deposited as security for the application for participation in the competition to the specified persons within 5 working days from the date of signing the protocol of opening the envelopes.

70. Based on the results of consideration of applications for participation in the competition, the competition commission makes a decision to recognize the applicant as a participant in the competition or to refuse admission of the applicant to participate in the competition on the grounds provided for in paragraph 18 of these Rules. The tender commission draws up a protocol of consideration of applications for participation in the competition in the form in accordance with Appendix No. 7, which is signed by the members of the competition commission present at the meeting on the day the consideration of applications for participation in the competition ends.

The text of the specified protocol on the day of the end of consideration of applications for participation in the competition is posted on the official website by the organizer of the competition or, on his behalf, by a specialized organization.

Applicants not admitted to participate in the tender are notified of the decisions made by the tender committee no later than 1 business day following the day of signing the protocol for considering applications for participation in the tender.

71. If only one applicant is recognized as a participant in the competition, the organizer of the competition, within 3 working days from the date of signing the protocol for considering applications for participation in the competition, transfers to this applicant a draft apartment building management agreement, which is part of the competition documentation. At the same time, the contract for the management of an apartment building is concluded on the terms of the performance of works and services specified in the notice of the tender and tender documentation, for a fee for the maintenance and repair of the residential premises, the amount of which is indicated in the notice of the tender. Such a bidder is not entitled to refuse to conclude an agreement on the management of an apartment building.

72. The funds contributed as security for the application for participation in the tender are returned to the sole participant of the tender within 5 working days from the date of submission to the organizer of the tender of the draft contract for managing an apartment building signed by him and securing the fulfillment of obligations. If the tender organizer fails to submit to the tender organizer, within the time period stipulated by the tender documentation, the draft contract for managing an apartment building signed by the tender participant, as well as ensuring the fulfillment of obligations, such a tender participant is recognized as evading the conclusion of the contract for managing an apartment building and the funds contributed by him as security for the application for participation in the tender, are not returned.

73. If, based on the results of consideration of applications for participation in the competition, a decision is made to refuse admission to participation in the competition of all applicants, the organizer of the competition shall conduct a new competition within 3 months in accordance with these Rules. In this case, the organizer of the competition has the right to change the conditions of the competition.

The organizer of the competition returns the funds deposited as security for the application for participation in the competition to applicants who are not admitted to participate in the competition within 5 working days from the date of signing the protocol for considering applications for participation in the competition.

VIII. Competition procedure

74. Only persons recognized as participants in the competition in accordance with the protocol for considering applications for participation in the competition can participate in the competition. The organizer of the competition is obliged to provide the participants of the competition with the opportunity to take part in the competition directly or through representatives. The organizer of the competition is obliged to make an audio recording of the competition. Any person present during the competition has the right to make audio and video recording of the competition.

76. The bidders propose to establish the amount of the fee for the maintenance and repair of residential premises for the implementation of the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, which is less than the amount of the fee for the maintenance and repair of residential premises specified in the notice of the tender, with a step-by-step reduction in the amount of payment for the maintenance and repair of residential premises by 0.1 percent (hereinafter referred to as the proposal).

In the event that after the three-fold announcement of the offer, which is the smallest in terms of the amount of the payment for the maintenance and repair of the residential premises (relative to that specified in the notice of the tender), none of the participants in the tender makes another proposal to reduce the amount of the payment for the maintenance and repair of the residential premises, the tender the Commission announces that the tender participant who made the last offer is declared the winner of the tender.

77. During the competition, it is allowed to reduce the amount of the fee for the maintenance and repair of residential premises by no more than 10 percent of the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender. In the event of a decrease in the specified amount of payment for the maintenance and repair of residential premises by more than 10 percent, the tender is declared invalid, which entails the obligation of the tender organizer to hold a new tender in accordance with these Rules. At the same time, the organizer of the competition has the right to change the conditions for holding the competition and is obliged to reduce the estimated amount of the payment for the maintenance and repair of the dwelling by at least 10 percent.

83. The organizer of the competition, within 3 working days from the date of approval of the protocol of the competition, transfers to the winner of the competition one copy of the protocol and a draft contract for the management of an apartment building.

At the same time, the cost of each work and service included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, indicated in the contract for managing an apartment building, is subject to recalculation based on the fact that total cost works and services should be equal to the payment for the maintenance and repair of residential premises, the amount of which is determined by the results of the competition, in cases where the participant in the competition is recognized as the winner in accordance with paragraphs 76 and these Rules.

85. The organizer of the competition is obliged to return, within 5 working days from the date of approval of the protocol of the competition, the funds contributed as security for the application for participation in the competition to the participants in the competition who did not become winners of the competition, with the exception of the participant in the competition who made the penultimate offer for the lowest amount of payment for maintenance and repair of residential premises, to which the funds are returned in the manner prescribed by paragraph 95 of these Rules.

86. The participant of the competition, after posting the protocol of the competition on the official website, has the right to send to the organizer of the competition in writing a request for clarification of the results of the competition. The organizer of the competition within 2 working days from the date of receipt of the request is obliged to provide such a participant in the competition with the relevant explanations in writing.

88. Minutes drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation, and explanations of the competition documentation, as well as audio recordings of the procedure for opening envelopes with applications for participation in the competition and holding the competition are stored by the organizer of the competition in for 3 years.

89. The organizer of the competition, within 10 working days from the date of approval of the protocol of the competition, notifies all owners of the premises in apartment building and the persons who accepted the premises, on the results of an open tender and on the terms of the contract for managing this house by posting a draft contract in the manner prescribed by paragraph 40 of these Rules.

IX. Conclusion of a management agreement for an apartment building based on the results of a tender

90. The winner of the competition, the participant of the competition in the cases provided for in paragraphs 71 and these Rules, within 10 working days from the date of approval of the protocol of the competition, submits to the organizer of the competition a draft agreement for the management of an apartment building signed by him, as well as a security for the fulfillment of obligations.

91. The winner of the competition, the participant of the competition in the cases provided for in paragraphs 71 and these Rules, within 20 days from the date of approval of the competition protocol, but not earlier than 10 days from the date of posting the competition protocol on the official website, sends the draft contracts for the management of the multi-apartment the house to the owners of premises in an apartment building and the persons who accepted the premises, for signing the said contracts in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.

92. In the event that the winner of the tender, within the period provided for in paragraph 90 of these Rules, did not submit to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as security for the fulfillment of obligations (a notarized copy of the liability insurance agreement or the deposit pledge agreement or an irrevocable bank guarantee ), he is recognized as having evaded the conclusion of an agreement on the management of an apartment building.

93. If the winner of the competition, recognized as the winner in accordance with paragraph 76 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of residential premises .

If the winner of the competition, recognized as the winner in accordance with paragraph 78 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who proposed the same amount of payment for the maintenance and repair of the residential premises as the winner of the competition and submitted application for participation in the competition next after the winner of the competition.

95. The funds contributed as security for the application for participation in the competition are returned to the winner of the competition and the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of the dwelling, within 5 working days from the date of submission to the organizer of the competition of the project signed by the winner of the competition contracts for managing an apartment building and ensuring the fulfillment of obligations.

96. The winner of the tender in the cases provided for in paragraphs 76 and these Rules (the participant in the tender in the cases provided for in paragraphs 71 and these Rules) undertakes to perform works and services included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules , for a fee for the maintenance and repair of residential premises in the amount proposed by such a winner (such a participant) of the competition.

Appendix No. 1
to the Rules for conducting local

I approve ____________________________________________________________ (position, full name of the head of the body ____________________________________________________________ of local self-government, which is the organizer of the competition, ____________________________________________________________ postal code and address, telephone, ____________________________________________________________ fax, address Email) "____" _________________ 200___ (approval date) on the state of the common property of the owners of premises in apartment building that is the object of the competition I. General information about the apartment building 1. Address of the apartment building _____________________________________ 2. Cadastral number of the apartment building (if any) _______ 3. Series, type of construction ____________________________________________ 4. Year of construction ___________________________________________________ 5. Degree of wear according to state technical accounting ____ ____________________________________________________________________________ 6. Degree of actual wear _____________________________________ 7. Year of the last major overhaul _____________________________ 8. Details of the legal act on the recognition of an apartment building as emergency and subject to demolition ____________________________________________ 9. Number of floors _______________________________________________ 10. The presence of a basement _______________________________________________ 11. The presence of a basement _______________________________________ 12. The presence of an attic _______________________________________________ 13. The presence of a mezzanine on _______________________________________________ 14. Number of apartments _____________________________________________ 15. Number of non-residential premises not included in the common property _______________________________________________________________ 16. Details of the legal act on the recognition of all residential premises in an apartment building as unfit for habitation ________________________ _______________________________________________________________________________ 17. The list of residential premises recognized as unsuitable for habitation (indicating the details of legal acts on the recognition of residential premises as unsuitable for habitation) ____________________________________________ 18. Construction volume ______________________________ cub.m 19. Area: a) apartment building with loggias, balconies, closets, corridors and stairwells _____________________________________________ sq.m b) residential premises (total area of ​​apartments) ____________________ sq.m c) non-residential premises ( total area of ​​non-residential premises that are not part of the common property in an apartment building) ___________________ sq.m d) common areas ( total area of ​​non-residential premises that are part of the common property in an apartment building) ___________________ sq.m 20. Number of stairs _______________________________________________ pcs. 21. Harvest area of ​​stairs (including inter-apartment landings) _________________________________ sq.m 22. Harvest area of ​​common corridors _________________________ sq.m 23. Harvest area of ​​other common areas (including technical floors, attics, technical basements) ___________ sq.m 24. Area of a land plot that is part of the common property of an apartment building __________________________________________________ 25. Cadastral number of the land plot (if any)

II. Technical condition of an apartment building, including extensions

	Name of structural elements		Description of elements (material, structure or system, finish, etc.)	The technical condition of the elements of the common property of an apartment building
	Foundation
	External and internal main walls
	Partitions
	Overlappings
		attic
		interfloor
		basement
		internal
		outdoor
	Mechanical, electrical, sanitary and other equipment
		floor baths
		electric stoves
		telephone networks and equipment
		wire broadcasting networks
		signaling
		garbage chute
		ventilation
	Intra-house engineering communications and equipment for the provision of public services
		electricity supply
		cold water supply
		hot water supply
		drainage
		gas supply
		heating (from external boilers)
		heating (from the house boiler)
		heaters

___________________________________________________________________________ (position, full name of the head of the local self-government body authorized to establish _________________________________________________________________________ the technical condition of the apartment building that is the object of the competition) _____________________ ______________________ (signature) (full name) "_____" ______________________ 200__ M.P .

Appendix No. 2
to the Rules for conducting local
self-government open tender for
selection managing organization for
apartment building management
(as amended April 3, 2013, December 14, 2018)

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works and services for the maintenance and repair of the common property of the owners of premises in an apartment building, which is the object of the competition

Name of works and services	Periodicity of performance of work and provision of services	Annual fee (rubles)	Cost per 1 sq. meter of total area (rubles per month) ________________________________________________________________________, (legal form, name / trade name of the organization or full name individual, document data, certifying identity) ______________________________________________________________________________, (location, postal address of the organization or place of residence of an individual entrepreneur) _____________________________________________________________________________ (phone number) declares participation in the competition for the selection of a management organization to manage an apartment building (s) located at: ____________________________________________ ________________________________________________________________________. (address of the apartment building) Funds deposited as security for the application for participation in the competition, please return to the account: ____________________________________ ______________________________________________________________________________. (bank account details) 2. Bidder's proposals under the terms of an apartment building management agreement ___________________________________________________________________________ (description of the method proposed by the applicant as a condition of the contract _____________________________________________________________________________ for the management of an apartment building for the payment by _______________________________________________________________________________ of the owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and a contract for the rental of residential premises of state or municipal housing stock for the maintenance and repair of residential premises and utilities) I propose that the owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and an agreement on the tenancy of residential premises of the state or municipal housing fund pay for the maintenance and repair of residential premises and utility services to the account of ___________________________________ _________________________________________________________________________ (details of the bank account of the applicant) Hereby __________________________________________________________ (legal form, name (company name) _______________________________________________________________________________ organization or full name of an individual, data of an identity document) agrees to be included in the list of organizations for the management of an apartment building, in respect of which the owners of premises in an apartment building the method of controlling such a house is not selected or the selected method of control the management organization has not been implemented, the managing organization has not been determined, in accordance with the Rules for determining the managing organization for managing an apartment building, in respect of which the owners of the premises in the apartment building have not chosen the way to manage such a house or the chosen management method has not been implemented, the managing organization has not been determined, approved by the Government of the Russian Federation dated December 21, 2018 N 1616 "On approval of the Rules for determining the managing organization for managing an apartment building, in respect of which the owners of the premises in the apartment building have not chosen the method of managing such a house or the chosen method of management has not been implemented, the managing organization has not been determined, and about amendments to some acts of the Government of the Russian Federation". The following documents are attached to the application: 1) an extract from the Unified state register legal entities (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur): _____________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 2) a document confirming the authority of a person to act on behalf of a legal entity or an individual entrepreneur who submitted an application for participation in the competition: _____________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 3) documents confirming the deposit of funds as security for the application for participation in the tender: _________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 4) copies of documents confirming the applicant's compliance with the requirement established by subparagraph 1 of paragraph 15 of the Rules for holding an open tender by a local government body for the selection of a management organization for managing an apartment building, if the federal law establishes requirements for persons performing work, rendering services provided for by the contract management of an apartment building: _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 5) approved balance sheet for the last year: _______________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________. ___________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ________________________ _______________________________________ (signature) (full name) "_____" ______________________ 200___ M.P. Appendix No. 5 to the Rules for conducting local self-government open tender for selection of the managing organization for apartment building management Receipt on receipt of an application for participation in the competition for the selection of a manager This receipt is issued to the applicant ______________________________ _________________________________________________________________________ (name of organization or full name of an individual entrepreneur) _______________________________________________________________________________ in that, in accordance with the Rules for holding an open competition by a local government body for the selection of a management organization for managing an apartment building, approved by Decree of the Government of the Russian Federation dated 6 February 2006 N 75, _____________________________________________________________________________ (name of the organizer of the competition) accepted (a) from him (her) a sealed envelope with an application for participation in an open tender for the selection of a management organization to manage an apartment building (apartment buildings) _________________________ _________________________________________________________________________ (address of an apartment building) Application for registered "____" ____________ 200__ in __________________ _______________________________________________________________________________ (name of the document in which the application is registered) under the number ____________________________________________________________. The person authorized by the organizer of the competition to accept applications for participation in the competition Appendix No. 6 to the Rules for conducting local self-government open tender for selection of the managing organization for apartment building management Protocol opening envelopes with applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the commission: __________________________________________________________ __________________________________________________________ ___________________________________________________, (full name of members Commission) in the presence of applicants: _____________________________________________________________________________ _________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) drew up this protocol stating that at the time of opening the envelopes with applications for participation in the competition, the following applications: 1. ________________________________________________________________ 2. ___________ ________________________________________________________ 3. ________________________________________________________________. (name of the applicants, number of pages in the application) Explanation of the information contained in the documents submitted by the applicants: _______________________________________________________________ _______________________________________________________________________________ ____________________________________________________________________________. This protocol is drawn up in two copies on _____ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name, signature) "____" ________________ 200 ___ M.P. Appendix No. 7 to the Rules for conducting local self-government open tender for selection of the managing organization for apartment building management Protocol consideration of applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the Commission) in the presence of applicants: _____________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) _____________________________________________________________________________ drew up this protocol stating that, in accordance with the protocol for opening envelopes with applications for participation in the competition received applications for participation in the competition about t the following organizations and individual entrepreneurs: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of applicants, number of pages in the application) Based on the decision of the competition committee, the following applicants were recognized as participants in the competition: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of organizations or full name of individual entrepreneurs, justification decision) Based on the decision of the competition commission, the following applicants were not allowed to participate in the competition: 1. _________________________________________________________________ (name of organizations or full name of an individual entrepreneur) in connection with ________________________________________________________________ (reason for refusal) 2. _________________________________________________________________ (name of organizations or full name o. individual entrepreneurs) in connection with _____________________________________________________________. (reason for refusal) This protocol is drawn up in two copies on _________ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name, signature) "____" ________________ 200 ___ M.P. in order	Name of company	The amount of payment for the maintenance and repair of residential premises (rubles per sq. meter)	Date and time of submission of the application for participation in the competition

8. The amount of payment for the maintenance and repair of residential premises in an apartment building: _______________________________ rubles per sq. meter. (in numbers and words)

10. The participant of the tender who made the previous proposal on the amount of payment for the maintenance and repair of the living quarters: __________________________ ______________________________________________________________________________. (name of organization or full name of individual entrepreneur)

11. The participant of the competition who offered the same amount of payment for the maintenance and repair of the living quarters as the winner of the competition and who submitted an application for participation in the competition next after the winner of the competition: _________________________________________________________________________ ______________________________________________________________________________. (name of the organization or full name of the individual entrepreneur) This protocol is drawn up in 3 copies on ______ sheets.

Chairman of the commission: ____________________________ ____________________________ (signature) (full name) Members of the commission: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ (signature) (full name) "___" _____________ 20___ M.P. The winner of the competition: _________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ____________________________ ____________________________ (signature) (full name) "___" ____________ 20___ M.P.

1. A notice of an open tender shall be placed by the customer in the unified information system at least twenty days before the date of opening the envelopes with applications for participation in an open tender.

2. The customer also has the right to publish a notice of an open tender in any mass media or place this notice on websites in the Internet information and telecommunications network, provided that such publication or placement is carried out along with the placement provided for in part 1 of this article.

3. In the notice of an open tender, the customer shall indicate:

1) information provided for by this Federal Law;

2) requirements for participants in an open tender and an exhaustive list of documents to be submitted by participants in an open tender in accordance with Clause 1 of Part 1 of this Federal Law, as well as a requirement for participants in an open tender in accordance with Part 1.1 (if any such requirement) of this Federal Law;

3) methods of obtaining tender documentation, the term, place and procedure for providing tender documentation;

4) the fee (if established) charged by the customer for the provision of tender documentation, the method of implementation and the currency of payment;

5) the language or languages ​​in which the tender documentation is provided;

6) the place, date and time of opening envelopes with applications for participation in an open tender, the date of consideration and evaluation of such applications;

9) details of the account for depositing funds as security for the bids of participants in such a tender.

4. The customer has the right to make a decision to amend the notice of an open tender no later than five days before the deadline for filing applications for participation in an open tender. Changing the object of procurement and increasing the amount of security for applications for participation in an open tender are not allowed. Within one day from the date of adoption of the said decision, such changes are placed by the customer in the manner established for placing a notice of an open tender. At the same time, the deadline for filing applications for participation in an open tender must be extended so that from the date of posting such changes until the deadline for filing applications for participation in an open tender, this period is at least ten working days, or, if in the notice of holding open tender, such changes are made in relation to a specific lot, the deadline for submitting applications for participation in an open tender in relation to a specific lot must be extended.

The provisions of Article 49 of Law No. 44-FZ are used in the following articles:

• Features of the competition with limited participation

  5. A notice of a tender with limited participation and tender documentation, along with the information provided for in Articles 49 and 50 of this Federal Law, must contain an indication of the additional requirements for procurement participants established in accordance with Part 4 of this Article.

• Features of the two-stage competition

  3. When holding a two-stage tender, the provisions of this Federal Law on holding an open tender shall apply, taking into account the specifics determined by this article. Placement of a notice of a two-stage tender and tender documentation is carried out in the manner and within the time limits established by Articles 49 and 50 of this Federal Law. In the event that uniform requirements and additional requirements are established for participants in a two-stage tender during the first stage of a two-stage tender, the provisions of Article 56 of this Federal Law regarding the conduct of pre-qualification shall apply, taking into account the specifics determined by this article.

22.05.2015

Speaker: Georgian Stanislav

Competition Definition

From the point of view of the norms of the law, the tender should be the preferred method of procurement for the customer under 44-FZ. When the law does not provide for other methods, the customer must hold an open tender.

In accordance with 44-FZ, an open tender is understood as such a tender in which information about the purchase is communicated by the customer to an unlimited number of persons by posting a notice of such a tender, tender documentation in a single information system. Procurement participants are subject to uniform requirements.

The definition of competition is also given in the Civil Code of the Russian Federation. Here the definition is adjusted from the point of view of the contract system, because other requirements may be provided. This is the predominant method of procurement, but there are exceptions: sometimes the law requires a two-stage tender, an electronic auction, etc.

If there are no special rules, then an open tender is held, otherwise (if there were no grounds for holding another type of tender), in the event of complaints or inspections, the regulatory authorities can at least recognize the choice of a tender as a way to determine the supplier as illegal, and at the maximum - cancel the procurement procedure.

In this way, correct definition procurement method is important from the point of view of risk minimization. What are the exceptions?

Cases where there is no open competition

An open tender is not held if:

a) the procurement is carried out with limited participation (under Article 56 of Law 44-FZ);

b) goods (works, services) are purchased, the supply (performance, provision) of which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be carried out by persons with the required level of qualification. In this case, a competition with limited participation is held;

c) works are purchased to preserve the cultural heritage of the peoples of Russia, restore museum items and museum collections, documents of the Archival Fund of the Russian Federation, especially valuable and rare documents that are part of the library collections, and other works in accordance with paragraph 2 of part 2 of Art. . 56 of Law No. 44-FZ.

d) the purchase of goods (works, services) included in the list approved by the Government of the Russian Federation (the highest executive authority of a constituent entity of the Russian Federation when making purchases for the needs of the corresponding constituent entity of the Russian Federation) can be carried out only through an electronic auction (part 2 of article 59 of Law No. 44 -FZ). At the federal level, this List was approved by Decree of the Government of the Russian Federation of October 31, 2013 N 2019-r “On the List of goods, works, services, in the event of the purchase of which the customer is obliged to conduct an auction in electronic form”. Check to see if the product or service is included in this list. If so, then you need to look at the price;

e) the customer must use closed methods for determining the supplier, contractor, contractor (part 1 of article 84 of Law N 44-FZ).

Such methods are used in cases where:

A procurement is being carried out, information about which is a state secret;

The procurement documentation or draft contract contains information that is a state secret;

A contract is concluded for the provision of services for insurance, transportation, protection of valuables State Fund precious metals and precious stones of the Russian Federation, museum and a number of other cultural, historical, artistic values ​​that are transferred by the customer to someone or accepted from someone for temporary possession and (or) use (including in connection with exhibitions);

Cleaning services, services of drivers are purchased to ensure the activities of judges, bailiffs.

If in the listed cases the purchase falls under restrictions, then an open tender is not held, but if it does not fall, then an open tender is mandatory.

Advantages and disadvantages of open competition

positive The factor is that in an open competition it is possible to choose a supplier not only by price, but also taking into account the qualifications of the procurement participant, quality assurance. In terms of getting quality goods or services here the customer wins. Also, some of the functions of organizing and conducting procurement (for example, preparing documentation, posting information on the official website, in a single information system) can be transferred to a specialized organization, which is very convenient when conducting complex procurement.

disadvantages open competition has much more than advantages. For example, the probability of control by special authorities is very high: they can check the correct choice of the procurement method. Also, the procedure for conducting an open tender takes much more time. Since the time of 94-FZ, the legislative time for holding this type of competition has changed significantly - the time has been reduced. However, when compared with other types of supplier determination, much more time is spent on conducting an open tender.

Also, the customer may make a mistake in the documentation, then the risk of claims increases. In addition, multi-stage implementation imposes many functions on the customer - the lion's share of responsibility lies with the customer.

But despite all the shortcomings, the best supplier is most effectively determined by holding an open competition, since the quality of services, special technical characteristics of goods, etc., and not just the price, are taken into account.

Scheme of the competition

1. Procurement planning.
2. Development and approval of tender documentation.
3. Making changes to the documentation.
4. Publication of documentation in a single information system within the time limits specified by law.

The notice specifies the requirements for the purchase, the deadline and procedure for providing documents, the language of the application and other parameters. The documentation contains an exhaustive list of information about the purchase. Important requirements for the content of the application. If requirements are established for an open tender, then the customer establishes requirements for securing the application and contract in the form of a bank guarantee. A draft state contract must also be attached to the tender documentation.

It is very important to meet the deadlines when holding an open tender.

Timing

1. A notice of an open tender shall be posted at least 20 days prior to the date of opening the envelopes with bids.
2. Changes can be made no later than 5 days before the deadline for filing applications, carried out within 1 day from the date of the decision, changes are posted. In this case, the deadline for submitting applications for participation in an open tender must be extended - the period from the date of placement of changes to the deadline for submitting applications must be at least 10 working days.
3. Provision of tender documentation is carried out within 2 working days from the receipt of a written request.
4. Explanations are provided to the participants within 2 working days from the date of receipt of the request in writing or in the form of an electronic document.
5. The opening of envelopes with applications for participation in an open tender is carried out in 1 day.
6. The protocol for opening envelopes with applications for participation in an open tender is created no later than the working day following the date of signing this protocol, posted in the EIS and signed by all members of the tender commission present after opening the envelopes.
7. Consideration and evaluation of applications for participation in the competition may not exceed 20 days from the date of opening the envelopes with such applications.
8. The protocol for the consideration and evaluation of applications for participation in the tender, the protocol for the consideration of a single application for participation in the tender with the specified annexes are posted by the customer in the EIS no later than the working day following the date of signing of these protocols.
9. Competition documents are kept for at least 3 years. It is better to keep these documents according to the regulations.
10. The contract is concluded no earlier than 10 days and no later than 20 days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition. The timing is more clear.
11. A notice of a repeated competition at least 10 days before the date of opening the envelopes with applications for participation in this competition is placed in the EIS.

There are also deadlines for a competition with limited participation:

1. Pre-qualification selection is carried out within 10 working days from the date of opening the envelopes with applications.
2. The prequalification protocol is posted in the EIS within 3 working days from the date of summing up the results of this procedure.
3. The results of consideration of applications for participation in the competition with limited participation are posted within 10 days from the date of summing up the results.

Cancellation of the competition

An open tender, like any other procedure under 44-FZ, the customer has the right to cancel. Cancellations must be made no later than 5 days before the deadline for submission of applications.
During these days, you can make changes to the documentation (extend the application deadline) or publish a notice of cancellation of the procedure. The notice of cancellation itself shall be placed by the customer no later than the next working day after the date of the decision to refuse to hold an open tender. After the expiration of the term for the cancellation of the procedure for determining the supplier and before the conclusion of the contract, the customer has the right to cancel the determination of the supplier only in the event of force majeure circumstances in accordance with civil law. It is important to justify the decision by any circumstances, including force majeure circumstances.

How to apply for participation

An open tender participant submits an application for participation in an open competition in writing in a sealed envelope, which does not allow viewing the content of the application before opening. Also, this procurement method allows the submission of an electronic document, but only if such a form of application is allowed by the tender documentation.

As for the registration of the application, the law establishes the nomenclature procedure for filing: all sheets must be stitched and numbered. An application for participation in an open tender and the volume of such an application must contain an inventory of the documents included in them, be affixed with the seal of the participant in the open tender if there is a seal (for a legal entity) and signed by the participant in the open tender or a person authorized by the participant in the open tender.

The phrase "if there is a seal" was introduced more recently, as the legislation was amended. Since, according to the law, in JSCs and LLCs, the seal of the company is no longer required, so a reservation must be made. But you cannot reject an application without a seal. If the seal of the supplier company was put on other documents, but not on the application, then such an application can be rejected. Although this is also a controversial point: it is not a fact that when considering a dispute, the FAS will take the side of the customer.

Thus, compliance by an open tender participant with these requirements means that the information and documents included in the open tender application and volumes of the open tender application are submitted on behalf of the open tender participant and he is responsible for the authenticity and reliability of this information. and documents. Even if the customer provided in the documentation that a copy of the license must be certified with a signature and seal, but the application was sewn together and stamped by the director, then the very fact of a correctly submitted application should assure the authenticity of the documents. It is important that it is not allowed to establish other requirements for the execution of an application for participation in an open tender, with the exception of the requirements for the execution of such an application provided for in this part.

From the point of view of the registration procedure, this requirement should be the ultimate truth and there should not be excessive requirements for the supplier.

Contents of the application for participation in the open tender

• Company name (if any), location, postal address (for a legal entity), last name, first name, patronymic (if any), passport data, place of residence (for an individual), contact phone number and TIN. Previously, the inclusion of a TIN was mandatory, later the phrase “if available” was added to the text of the law. If the supplier does not have a TIN, the customer is not entitled to reject the application.
• Extract from the Unified State Register of Legal Entities / EGRIP (original or notarized copy), issued no earlier than 6 months ago.
• A document confirming the authority of the person - if the application is signed CEO, then such a document must be issued in his name. If another person, then the application for participation in an open tender must be with a power of attorney certified by a seal, again, if there is a seal.
  If the power of attorney is issued not by the director, but by another authorized person (there is an element of substitution), then this power of attorney must be in the original or notarized. If the power of attorney is signed by an authorized person, then such person must have the appropriate authority.
• Licenses, SRO certificates and certificates in accordance with clause 1 of part 1 of Article 31 of Law 44-FZ, or copies of such documents.
• Declaration of compliance of an open tender participant with the requirements established in accordance with paragraphs 3-9 of part 1 of Article 31 of the Law. This is a declaration that the organization is not bankrupt, is not being liquidated, its property has not been seized. it general requirement for all bidders. If the declaration is not signed, the customer has every right to reject the application. We draw the attention of all procurement participants: the declaration must be included in the application.
• Copies of constituent documents of the participant, depending on the legal form.
• Decision approving a major transaction (or a copy of such decision). If a special purchase is carried out, then a decision is provided on the issuance of benefits when working with institutions of the penitentiary system and societies of the disabled, then the procurement participant must provide these documents.
• If national treatment is applied in accordance with Article 14 of Law 44-FZ, then services originate from the territory of the countries Customs Union(Belarus, Kazakhstan and Armenia). This means that the application must contain documents that provide for the specified article and tender documentation.
• If the open tender procedure is carried out mainly for small businesses and socially oriented non-profit organizations, then as part of the application, the participant must attach a declaration on the company's belonging to these segments. The declaration may be an attachment to the tender documentation and must be completed in accordance with the requirements.
• Proposal of a participant in an open tender in relation to the object of procurement, and in the case of the purchase of goods, also the proposed unit price of the goods, the name of the country of origin of the goods.
• In the cases provided for by the tender documentation - copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation (if there are such requirements for the specified product, work or service in accordance with the legislation of the Russian Federation). But a limitation is allowed: it is not allowed to demand the presentation of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods. In this case, the participant will not be able to provide these documents and, by establishing this requirement, the customer is wrong. The supplier has the right to appeal this decision.
• In addition, if the supplier reduces the cost by more than 25% (dumping) when submitting an application, then his application must contain documents confirming the good faith of the participant in an open tender when anti-dumping measures are applied to him.
• Also, the application must contain documents confirming the deposit of security for the application for participation in an open tender: a payment order confirming the transfer of funds as security for an application for participation in an open tender with a bank mark, or a copy of this payment order certified by the bank or included in the register of bank bank guarantee.
• If the customer establishes the "qualification" criterion in the tender documentation, then the application must include documents confirming his qualifications, while the absence of these documents is not a reason for recognizing the application as not complying with the requirements of the Law. That is, if such documents are not attached, then the customer puts 0 points on the scale for assessing applications in this paragraph, but the application itself cannot be rejected at the stage of consideration.
• Also, an application for participation in an open tender may contain a sketch, drawing, drawing, photograph, other image, sample, sample of the goods, the purchase of which is carried out.

It is not allowed to demand other documents and information from an open tender participant, such actions of the customer will be considered a violation of the law.

Opening and consideration of applications

Procurement participants have the right to be present at the procedure for opening envelopes with bids. It is necessary to comply with all the requirements of the law: the customer is recognized as having fulfilled this obligation if the participants in the open tender are given the opportunity to receive full information on the opening of envelopes with applications in real time.

Immediately before opening the envelopes with applications for participation in an open tender, the procurement commission announces to the participants of the tender who are present at the opening of such envelopes and (or) opening of the specified access, the possibility of filing applications for participation in an open tender, changing or withdrawing submitted applications for participation in an open tender before opening such envelopes and (or) opening the specified access.

If none of the participants expresses a desire to change or withdraw applications, then the customer proceeds to the opening procedure. If he does, then the participants are asked what they want to do: withdraw, change or submit an application. It is also possible to apply at this time. Withdrawing the application is simple - you just need to pick up the envelope. If the participant changes the application, then he must pick up the old one and attach a new one.

These actions must be recorded and the customer is obliged to provide an audio recording of the entire procedure. In the event of a dispute, the regulatory authorities can listen to the recording and analyze and make a decision. The participants of the open tender themselves have the right to make audio and video recordings of opening such envelopes and (or) opening access.

After opening the envelopes and drawing up an opening protocol, the bids should be evaluated and checked for compliance with the requirements of the tender documentation: the availability of all documents and the correctness of their execution. If the application does not meet the requirements, it is rejected for this reason. In the event that the information contained in the documents submitted by the tender participant is found to be unreliable, the tender commission is obliged to remove such a participant from participation in the tender at any stage of its conduct.

Later, all the results of consideration of applications for participation in the competition are recorded in the protocol for the consideration and evaluation of applications for participation in the competition. If, based on the results of consideration of bids, the tender commission rejected all bids or only one bid meets the requirements specified in the tender documentation, the tender is declared invalid.

After the procedure for reviewing documents, the procedure for evaluating the applications accepted at this stage takes place. Criteria:

• Contract price.
• Expenses for the operation and repair of goods, the use of the results of work.
• Qualitative, functional and environmental characteristics of the procurement object.
• The qualifications of the procurement participants, including the availability of financial resources, on the right of ownership or other legal basis of equipment and other material resources, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level.

In this resolution, the criteria are divided into cost (contract price, maintenance and repair costs, the cost of the life cycle of the goods) and non-cost (quality, environmental and functional characteristics of the purchase, qualification of the participant).

There are maximum and minimum scores for these indicators. When conducting an open tender, the customer establishes the significance of the evaluation criteria:

1. For goods, with the exception of certain types of goods. Minimum value: 70%, maximum non-value: 30%.
2. Works, services, with the exception of certain types of work, services. Minimum value: 60%, maximum non-value: 40%.
3. Separate types of goods, works, services. Minimum value: 30-40%, maximum non-value: 70-60%.

These breakdowns according to the criteria must be observed by the customer and checked against the regulation.

You need to know that:

1. The ratio "40/60" is used for such types of goods, works and services as: development of documents regulating training, education, quality control of education; rescue operations; restoration of cultural heritage sites; medical, educational, legal services; services of a specialized organization.
2. The ratio of "30/70" is established for services for the examination, as well as work on the creation, development and technical support state and municipal information systems and official websites of authorities.
3. The 20/80 ratio is provided for evaluating applications for financing the distribution or showing of national films, R&D.

There are applications that are evaluated only by non-monetary criteria (ratio "0/100"). These include the creation of works of literature and art, including choreographic works and pantomimes, works of architecture, urban planning and landscape art, and photographic works.

Under any circumstances, the sum of the digits of the significance of the evaluation criteria should be 100%. In addition, RF GD No. 1085 states that it is unacceptable to use evaluation criteria (indicators) or their significance values ​​that are not provided for by the Rules. The winner is the procurement participant whose application has the highest rating.

Conclusion of a contract

The contract is concluded no earlier than 10 days and no later than 20 days after the date of placement in the unified information system of the protocol for consideration and evaluation of applications or, in the case of a closed tender, from the date of signing such a protocol. Within 10 days from the date of posting in the information system the protocol of consideration and evaluation of applications for participation in the tender, the winner of the tender must sign the contract and submit all copies of the contract to the customer.
At the same time, the winner of the tender, simultaneously with the contract, is obliged to submit to the customer documents confirming the provision of security for the performance of the contract. That is, a bank guarantee is provided, entered in the Register of Bank Guarantees.

If the winner of the tender evades the conclusion of the contract, the customer has the right to apply to the court for damages caused by evading the conclusion of the contract in the part not covered by the amount of the security of the application for participation in the competition, and conclude a contract with the participant in the competition, whose application for participation in the competition was assigned second number. After the publication of the refusal protocol within 10 days, the customer has the right to offer the second winner the conclusion of a contract. He may not agree - it is his right. If he agrees, then the second winner must provide the contract security and sign the contract within 10 days. If the contract is not signed, then he is recognized as having evaded the conclusion of the contract.
Now, in 44-FZ, the customer can also be recognized as having evaded signing the contract, and he can be sued to compel him to conclude a contract and to recover damages caused by the customer's evasion from concluding a contract.

Consequences of declaring the competition invalid

The customer concludes a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of part 1 of Article 93 of the Law. The contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price offered by the procurement participant with whom the contract is concluded.

Such price should not exceed the initial (maximum) contract price, the contract price proposed in the bid of the relevant procurement participant.

The procedure for agreeing a contract with the EP with the supervisory authority:
a) the customer, within 10 days from the date of placement of the protocol for consideration of applications, sends an appeal for approval of the conclusion of a contract with a single supplier. Coordination cannot exceed 10 working days from the date of receipt of the application;
b) the contract is concluded within 20 days after the customer receives the approval. More detailed regulations can be found in the Order of the Ministry of Economic Development of Russia dated September 13, 2013 N 537.

The following grounds for declaring an open tender void - all bids were rejected, no bids were submitted, or the second winner refused to award the contract. In this case, you need to make changes to the schedule and hold a new competition. The notice of the competition must be published at least 10 days before the opening of the envelopes with applications. At the same time, all the conditions of the previous open tender should be preserved - only the timing of the procedure changes.

You can extend the term of the contract, taking into account new dates, as well as change the initial (maximum) price of the contract by no more than 10%. If this tender is subsequently declared invalid, the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out this procurement by conducting a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of the Federal Law (in this case, the object of procurement cannot be changed).

Types of competition

Law on contract system 2 types of tenders have been established, which the customer has the right to conduct under certain conditions: a tender with limited participation or a two-stage tender.

Limited Entry Competition

This is a tender, in which information on the purchase is also communicated by the customer to an unlimited circle of persons by posting in the EIS a notice of such a tender and tender documentation; procurement participants are subject to uniform requirements (which are provided for by 44-FZ) and additional requirements (they are prescribed in a by-law); the winner of such a tender is determined from among the procurement participants who have passed the pre-qualification selection.

The difference lies in the qualification selection. The Resolution of November 28, 2013 No. 1089 was replaced by a new Decree of the Government of the Russian Federation of February 4, 2015 N 99.

A competition with limited participation is held if:

1. if the supply of goods, performance of work, provision of services due to their technical and (or) technological complexity, innovative, high-tech or specialized nature can only be carried out by suppliers (contractors, performers) with the required level of qualification.
2. The performance of work is related to the preservation of cultural heritage sites, etc. as well as: performance of works on construction, reconstruction, overhaul of especially dangerous, technically complex capital construction facilities, as well as artificial road structures included in the composition of federal, regional or intermunicipal, local roads, if the initial (maximum) price of the contract when making purchases to meet state needs, it exceeds 150 million rubles, to meet municipal needs - more than 50 million rubles. That is, the performer must have certain experience and the availability of the necessary resources.

In relation to the participants of the competition with limited participation, along with the general requirements, additional requirements are imposed only for the implementation of pre-qualification, but not for the evaluation of the applications themselves for the competition with limited participation.

That is, first the customer conducts a pre-qualification selection, and then accepts applications for participation. Additional requirements for procurement participants are presented in accordance with RF PP No. 99. A competition with limited participation is declared void if none or only one participant is found ready to submit an application based on the results of the pre-qualification.

Two-stage competition

The customer has the right to conduct a two-stage tender if:

1. the competition is held to conclude a contract for holding scientific research, design work(including architectural and construction design), experiments, research, for the supply of innovative and high-tech products, as well as for the purpose of creating a work of literature or art, performance (as a result of intellectual activity);
2. to clarify the characteristics of the procurement object, discussions with suppliers (contractors, performers) are necessary.

First, bidders must submit initial bids with unpriced bids. For example, a customer wants to build a stadium, but first wants to get some proposals from suppliers on technical specifications and then form the terms of reference for the second stage of the competition.

The proposals are discussed and the commission provides equal opportunity. without providing any benefits. The term of the first stage - no more than 20 days. After the first stage, the results of the discussion are recorded in the protocol, signed and placed in a single information system within 10 days. The customer has the right to clarify the terms of the purchase: he can change and supplement the TOR. At the same time, it is possible to present new requirements and introduce new criteria, but without giving benefits to any participant.

The tender is declared invalid if no procurement participant is found to comply with the established uniform requirements and additional requirements, or only one procurement participant is found to comply with such requirements.

The second stage involves the submission of final applications, taking into account all the changes. Security is also provided here. Any participant of the first stage may refuse to participate in the second stage. There are no consequences for the supplier here.

If at the end of the deadline for submitting final applications for participation in a two-stage tender, only one application has been submitted or none has been submitted, or only one application has been recognized as corresponding to the tender documentation, or the tender commission has rejected all applications, the two-stage tender is considered invalid.

The two-stage competition is specific and is not often used by the customer.

Answers on questions

Can you please explain what it means to be able to conclude a contract with several participants in an open competition?

Answer: The law provides for the only possibility of concluding a contract with several participants if research or exploration works are being purchased. Only in these cases is it possible, but in general, all purchases are subject to general rules: 1 contract, 1 lot, 1 winner.

What is the maximum possible delay in payment of the contract in the absence of funding, if the customer goes beyond the scope of the contract?

Answer: As for the deferred payment of obligations under the contract, this is not provided for by law here. Yes, the contract always contains the terms of payment for goods and services. And if you indicate that payment will be made as funds are received, then the FAS may recognize such a requirement as illegal. The payment period should be clearly indicated: 30, 60 days, and so on. Sometimes it is indicated that payment will be made before the end of the year, but even then the FAS may recognize the requirement as inconsistent, since the exact payment deadline is not specified. Therefore, when carrying out the procedure, it is better to make sure that you have funding and whether it is planned.

If we do not have time to cancel the competition (less than 5 days left), can the competition be extended first and then canceled?

Answer: You can even extend the competition no later than 5 days before the deadline for submission of applications. The regulations for making changes and cancellations are the same: no later than 5 days before the deadline for submitting applications. If you missed this deadline, you can no longer cancel the procedure or make changes.

Why should an application for participation in an open tender contain a declaration of belonging to the NSR, if purchases from the NSR can only be made through an auction in open form?

Answer: In accordance with Article 30 of Law 44-FZ, the customer can apply any method of procurement in this case. Not only an open auction can be held with benefits for SME representatives. It is also possible to hold an open competition only for NSR participants. Then the requirements for the presence of a declaration confirming the assignment to this status are established. This declaration is included in the application.

Is it legal for the customer to draw up the first part of the application on the letterhead of the organization?

Answer: An application for participation in an open tender is submitted in the form of a single document. The first part of the application is only in the auction. The requirement, I think, is redundant. The law does not provide for this. It also makes no difference to the customer whether the application is on letterhead or not, when it comes to an open tender. If we talk about an electronic auction in an open form, then the form already indicates that you understand who exactly will apply. I think that if one of the suppliers disputes such a requirement, the FAS will recognize it as illegal.

Is the absence of a declaration as a separate document on the participant's belonging to the SMP and its compliance with Article 31 a reason for rejecting an application for participation in an open tender/electronic auction?

Answer: If you are making a purchase, in which only SMPs can participate, then the absence of a declaration is the basis for rejection. As well as in the absence of a declaration of compliance with Article 31: moreover, the absence of this declaration is fraught with consequences (rejection of the application) in any form of competition.

Can I say a few words about the transfer of schedules from an unstructured form to a structured one and how to understand the letter of the mayor and the treasury about this?

Answer: I didn’t see the letter myself, I saw the order, which involves filling in schedules by customers in a structured form. There is nothing extraordinary here, since from January 1, 2016 a unified Information system and customers are accustomed to a structured form. There are no contradictions of 44-FZ here, moreover, since the beginning of 2015, according to 223-FZ, customers have already filled out their schedules in a structured form. In any case, after the introduction of the EIS, all customers will switch to a structured form on the procurement website.

Is it possible to hold a tender with limited participation for the performance of road maintenance works under Government Decree No. 99?

Answer: If these are highways of federal significance, then: (quote) * Performance of work on the construction, reconstruction, overhaul of especially dangerous, technically complex capital construction facilities, as well as artificial road structures included in the composition of federal, regional or intermunicipal, local roads .
But what does "content" mean? If this overhaul or construction, then yes. But if it's not related, then no.

What are the features in the procurement of services for the design of construction projects?

Answer: There can be many features here, including the choice of the method of purchase. Definitely an open competition. You need to look at the criteria for evaluating applications that you will set as part of the tender documentation. The evaluation criteria will be general, since these are not design and survey services, but works. The criteria will be 60 to 40. Accordingly, when conducting an open competition, it is necessary to develop a technical task, a design task, on the basis of which the designer must perform his work.

For how long can payment for a completed auction be delayed?

Answer: If the contract provides for a payment term, then payment must be made exactly on time. For example, you have completed the work, it was stipulated in the draft contract that payment will be made within 30 days. If the deadline has passed, then the customer fails to fulfill obligations under the contract and the supplier has the right to demand payment of the entire amount of the debt plus payment of fines, penalties, penalties in the amount established by the contract.

When filling out an application for a competition, should all pages of the application be certified by the signatures of a participant - a legal entity?

Answer: Yes, the following requirements should be established: the participant staples, numbers the pages and signs the pages with the signature of an authorized person and stamps.

Should the supplier attach to the application the documents that are transferred upon delivery of the goods: certificates of conformity and other documentation?

Answer: If these documents are submitted together with the goods, then such a requirement should not appear by virtue of law. The application may include certificates and documents that are not transferred along with the goods.