44 fz car maintenance contract. Repair of machinery and equipment under the contract system

It is possible to establish such a requirement in the procurement documentation if it is in the technical documentation for vehicles.

The Ministry of Economic Development made this conclusion by analogy with the provisions of Law N 44-FZ on exceptions to the mandatory condition for the supply of an equivalent.

Document: Letter Ministry of Economic Development of Russia dated April 7, 2017 N D28i-2008

The text of the letter of the Ministry of Economic Development of Russia dated 07.04.2017 N D28i-2008

Question: On admission (non-admission) to participation in the procurement and on the inclusion in the procurement documentation of the conditions for the maintenance and repair of vehicles by an authorized dealer.

Answer:

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

LETTER

The Department for the Development of the Contract System of the Ministry of Economic Development of Russia considered an appeal on the application of the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44 -FZ) and reports.

In accordance with the provisions of Law No. 44-FZ, the tender (auction) commission is carried out, among other things, by opening envelopes with applications, considering applications for participation in procurement and maintaining a protocol for considering applications for participation in a competition (auction).

At the same time, according to Part 8 of Article 39 of Law N 44-FZ, it is established that the decision-making by members of the commission by absentee voting, as well as their delegation of their powers to other persons, is not allowed.

In accordance with parts 2 and 3 of article 53 of Law N 44-FZ and part 6 of article 67 of Law N 44-FZ, when considering applications for participation in a competition (auction), a protocol for considering applications for participation in a competition (auction) is drawn up, which is conducted by a competitive ( auction) committee and signed by all members of the tender (auction) committee present at the meeting. At the same time, the protocol must contain, among other things, information on the decision of each member of the tender (auction) commission on the admission of the procurement participant to participate in the tender (auction) or on the refusal to allow him to participate in the tender (auction).

Thus, when implementing the procedure for admission of procurement participants, each member of the tender (auction) commission is obliged to make a decision on the admission of the procurement participant to participate in the procurement or on refusal of admission to him in the manner and on the grounds provided for by the provisions of Law N 44-FZ, in connection with this, the position of a member of the commission "abstained" is unacceptable.

Procurement documentation for state and municipal needs is developed by the customer independently in accordance with the requirements for the content of procurement documentation, established by the provisions of Law N 44-FZ and the current legislation of the Russian Federation.

When making a purchase, the customer establishes uniform requirements for procurement participants in accordance with Article 31 of Law N 44-FZ. This list of requirements is exhaustive.

According to part 6 of article 31 of Law N 44-FZ, customers are not entitled to establish requirements for procurement participants in violation of the requirements of Law N 44-FZ.

In accordance with paragraph 1 of part 1 of Article 33 of the Law, when describing the procurement object in the procurement documentation, the customer must be guided by the fact that the description of the procurement object must be objective. The description of the procurement object shall indicate the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary).

At the same time, the description of the object of procurement should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer, as well as requirements for goods, information, works, services. provided that such requirements entail a limitation on the number of bidders, unless there is no other way that provides a more accurate and clear description of the characteristics of the subject matter of the procurement. The procurement documentation may contain an indication of trademarks, if in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not the subject of the contract. At the same time, a prerequisite is the inclusion of the words "or equivalent" in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and consumables to the machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment.

Thus, if the technical documentation allows maintenance and repair of vehicles only by an authorized dealer, then the establishment in the procurement documentation of such a condition for the execution of the contract will be lawful.

At the same time, we would like to draw your attention to the fact that clarifications of a state authority have legal force, if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts.

In accordance with the Regulations on the Ministry of Economic Development of Russia, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437, the Ministry of Economic Development of Russia is not empowered to clarify the legislation of the Russian Federation.

The purchase of spare parts under 44-FZ is slightly different from the purchase of ordinary goods, works or services. A spare part is a part that is an integral part of a larger product. Also, this part can be replaced, thereby making repairs.

Often, the customer has a need to purchase the originals. Such bidding is possible provided that it is reasonable. For equipment that requires these materials, there is usually a technical documentation from the manufacturer, in which the manufacturer recommends the use of original parts so that the use of third-party materials does not lead to a breakdown of the equipment.

Please note that when the technical device is on, it is not difficult to justify the purchase of the originals, since the company that produces this equipment sets the warranty condition only if original materials were used.

Determine the volume

The customer is not always aware of the need and the number of required parts. According to Law No. 44-FZ, in cases where it is impossible to determine the exact volume, it is necessary to indicate in the procurement documentation of the contract, as well as the NMCC of each product. Based on practice, customers purchase all parts or those that are subject to replacement most often.

These conclusions were confirmed in the Letter of the Ministry of Finance No. 24-02-07 / 79982 dated 01.12.2017.

We draw up a technical task

We conclude a contract

You can download an example of a contract for the purchase of spare parts on our website at the link below.

How to conduct other public procurement

We also have detailed instructions on how to purchase correctly.

If an organization needs to hold tenders for cars or their maintenance under 44 Federal Laws, then the responsible specialist of the customer must follow a certain algorithm. First of all, he must correctly determine . The contract manager of the contracting authority then calculates the initial maximum price of the contract and the forthcoming tender for the car. Next, you need to select the appropriate method for determining the supplier, prepare the procurement documentation and draw up a detailed one. After careful preparation, the customer directly purchases a car in accordance with Federal Law 44, repairs a car or purchases maintenance. Let's analyze each stage in detail.

Order subject

In order to conduct the above tenders - transport, maintenance or repair - the customer needs to decide on the object of the state order. According to the current legislation in the field of regulation of the contract system, the contracting authority is not entitled to restrict competition among bidders by indicating a specific brand of vehicle, even if the word is given.

The only exceptions are situations in which passenger transport is not the subject of a contract, but is only used in the provision of specific works or services.

The purchase of cars under 44 Federal Laws must be carried out in strict accordance with Article 33, namely clause 1, part 1, art. 33 44-FZ. Thus, the subject of the order must be objective. When describing it, one must take into account

Rationing

Any ongoing purchase of vehicles must be standardized by the customer organization (Article 19 44-FZ). If the customer is a budgetary institution, then the rationing rules for it are established by a higher body or founder.

Each car purchase in 2019 must be carried out with restrictions on the limit of the NMTsK. In accordance with the RF GD No. 927 dated 09/02/2015, when purchasing cars, you must be guided by the following requirements-restrictions:

price - up to 2.5 million rubles;
power limit - up to 200 horsepower.

Thus, the purchase of transport should not be carried out taking into account excessive consumer properties. By applying the provisions of 44 Federal Law on rationing, customer organizations avoid acquiring

The rationing procedure for customers operating at the federal level is regulated by RF PP No. 479 dated 05/19/2015. By means of a government decree, federal lists of a specific format are introduced, including those for passenger cars with rationing of the cost, power and composite characteristics of a car.

Choosing how to define a vendor

The purchase of a car or its maintenance must be carried out in accordance with 44 FZ, therefore, the customer can carry out a state order both by competitive methods and from a single supplier if the order value does not exceed 100,000 rubles (clause 4, part 1, article 93 44-FZ) or 400,000 rubles (clause 5, part 1, article 93).

In the event that goods and services are purchased without the ability to trade the price of a unit of production, then a request for quotations is excluded, since the participant with the lowest price offer is recognized as the winner of the RFQ (part 1 of article 72 of 44-FZ). If a participant needs to conduct an auction for the repair and maintenance of a vehicle, then he must use an electronic auction (taking into account the provisions of part 5 of article 68 44-FZ) or request quotations as follows:

calculate the maximum number of services and spare parts based on the established LBO and the average market price per unit of production;
determine the maximum amount of spare parts in the notice;
in the draft contract, note the conditions that maintenance services will be carried out in accordance with the customer's requests and that services not specified in the notice are not provided, accepted or paid.

Procurement documentation

It is developed by the customer independently in accordance with the requirements of the current legislation. The customer must establish uniform (Article 31 44-FZ), which are exhaustive.

In order to correctly draw up procurement documentation and terms of reference, it is necessary to take into account a number of the following provisions:

The contracting authority must provide an advantage to Russian production in public procurement in accordance with the provisions of Part 1 of Art. 14 44-FZ. According to, a ban is established on the admission of cars originating from foreign countries, which are purchased to meet the needs of the customer.
When determining the object of procurement, reference to specific trademarks and names is not allowed.
If the technical documentation allows maintenance and repair of vehicles only by an authorized dealer, then the establishment in the procurement documentation of such a condition for the execution of the contract will be legitimate (Letter of the Ministry of Economic Development No. D28i-2008 of 04/07/2017).
If services are purchased for the repair and maintenance of a car, the volume of which cannot be calculated in advance, then the customer must be guided by the conditions of clause 2 of Art. 42 and parts 5 and 17 of Art. 68 44-FZ. The notice must specify the NMCC and the total initial price and materials, as well as a list of all spare parts that may be needed in the performance of the contract. In procurement procedures, the total price is reduced, not the NMCC.
When purchasing maintenance services, it is not allowed to indicate a specific place for the provision of services, since this condition limits competition and violates the requirements and paragraph 2 of Art. 42 44-FZ. To comply with legislative norms, it is necessary to indicate the boundaries of the territorial district or the distance in kilometers (Letter of the Ministry of Economic Development No. D28i-699 dated February 20, 2017).

Sample terms of reference for the purchase of a car

Sample contract for the purchase of a car

Acceptance of goods or services

Acceptance of the car and maintenance services is carried out in strict accordance with the terms of the contract and the technical documentation of the order, as well as the current legislation (Art. 94 44-FZ and Art. 513 of the Civil Code of the Russian Federation).

When accepting transport, the customer must carry out compliance (part 3 of article 94 44-FZ) on their own or by involving third-party organizations.

The goods or services for maintenance must be delivered and accepted at the time and at the address determined by the terms of the contract. The parties must sign the act of acceptance and transfer and the consignment note.

Training is conducted according to the author's methodology, which was developed by the head of the Higher School of Procurement Sergey Alexandrovich Stupnikov (actual adviser to the civil service of the III class, deputy chairman of the Chamber of Control and Accounts (2005-2010), director of the State Institution "Information and Analytical Center" State Order "(2010-2013) ) Participant in the implementation of the pilot project of the Ministry of Economic Development of the Russian Federation on the formation of elements of the Federal contract system (2010-2013).

This technique allows in the shortest possible time to prepare specialists not only with confident knowledge, but also with practical skills, who know how to work effectively in the field of procurement.

The training of specialists in the field of procurement under the contract system started in 2014, immediately after the entry into force of Law No. 44-FZ.
Cooperation agreements were immediately signed with the RTS-Tender Group of Electronic Marketplaces, and one of the first partner e-commerce training centers was opened.

We value each of our more than 2,000 clients with whom we have enjoyed working.
We note with satisfaction that many employers contact us again, send new employees for training.
We were the first to introduce accompaniment and consultations after graduation.

And we are the only ones who can afford to provide this support without a time limit. And yes, it's absolutely free.

The experience gained during participation in the pilot project of the Ministry of Economic Development of the Russian Federation on the implementation of the Federal Contract System (FCS) showed that theoretical classes alone are not enough to train a specialist in the field of procurement.
The necessary theory needs to be consolidated by extensive practice, to form useful skills in the student.
In this case, the money for training will not be spent in vain, the employer will receive not only a “certified” employee, but also a specialist who is ready both for daily duties and an analytically thinking, effective assistant to the manager who solves complex, non-standard tasks.

A participant in an electronic auction has the right to submit an application for participation in the auction at any time from the moment of publication of the notice of its holding until the date and time specified in the auction documentation for the deadline for submitting applications for participation in the auction.

An application for participation in an electronic auction shall be sent by the auction participant to the operator of the electronic site in the form of two electronic documents containing two parts of the application. These electronic documents are submitted simultaneously.

Within one hour from the moment of receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign a serial number to it and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt, indicating the serial number assigned to it.

A participant in an electronic auction has the right to submit only one application for participation in such an auction in respect of each object of procurement.

Within one hour from the receipt of an application for participation in an electronic auction, the operator of the electronic site returns this application to the auction participant who submitted it in the following cases:

1) filing this application in violation of the requirements provided for by Part 2 of Article 60 of Federal Law No. 44-FZ dated April 5, 2013;

2) one participant in such an auction submits two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant;

3) receipt of this application after the date or time of the deadline for submission of applications for participation in the auction;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 14 of Article 61 of Federal Law No. 44-FZ of April 5, 2013;

5) the absence on the personal account opened for conducting transactions to ensure participation in such an auction of the procurement participant who submitted an application for participation in such an auction, of funds in the amount of the security for this application, in respect of which blocking was not carried out in accordance with the Federal Law of 05.04. 2013 No. 44-FZ.

Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 11 of Article 66 of Federal Law No. 44-FZ dated 05.04.2013, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction who submitted this application of the grounds for its return, indicating the provisions Federal Law No. 44-FZ of April 5, 2013, which were violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends to the customer the first part of the application for participation in such an auction as provided for by Part 3 of Article 66 of Federal Law No. 44-FZ of 05.04.2013.

A participant in an electronic auction that has submitted an application for participation in such an auction has the right to withdraw this application no later than the deadline for submitting applications for participation in such an auction by sending a notification to the operator of the electronic site.

The operator of the electronic site is obliged to ensure the confidentiality of information about the participants in the electronic auction who submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3-5 of Article 66 of the Federal Law of 05.04.2013 No. 44-FZ, prior to posting on the electronic platform of the protocol of such an auction. For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

In the event that at the end of the deadline for filing applications for participation in an electronic auction, only one application is submitted or not a single application is submitted, such an auction is recognized as failed.