The list of purchases from UIs for 44 fz. Benefits for the penitentiary system in procurement

1. Applications for participation in an open tender shall be submitted in the form and in the manner specified in the tender documentation, as well as in the place and before the deadline specified in the notice of an open tender.

2. A participant in an open tender shall submit an application for participation in an open tender in writing in a sealed envelope, which does not allow viewing the contents of the application before opening. An approximate form of an application for participation in an open tender may be indicated in the standard tender documentation. An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely:

1) the following information and documents about an open tender participant who submitted an application for participation in an open tender:

A) name, company name (if any), location (for a legal entity), postal address of an open tender participant, taxpayer identification number (if any) of the founders, members of the collegial executive body, a person acting as the sole executive body of an open tender participant, surname, name, patronymic (if any), passport details, place of residence (for an individual), contact phone number;

B) an extract from the Unified State Register of Legal Entities or a notarized copy of such an extract (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs or a notarized copy of such an extract (for an individual entrepreneur), which were received no earlier than six months before the date of placement in the unified information system of a notice of an open tender, a copy of identity documents (for another individual), a duly certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);

C) a document confirming the authority of a person to act on behalf of an open tender participant - a legal entity (a copy of the decision on the appointment or election or a copy of the order on the appointment of an individual to a position, in accordance with which such an individual has the right to act on behalf of an open tender participant tender without a power of attorney (hereinafter referred to in this article as the head) If another person acts on behalf of an open tender participant, the application for participation in an open tender must also contain a power of attorney to act on behalf of an open tender participant, certified by the seal of the open tender participant ( if there is a seal) and signed by the head (for a legal entity) or a person authorized by the head, or a copy of the said power of attorney certified by a notary. there is also a document confirming the authority of such a person;

D) documents confirming the compliance of an open tender participant with the requirements for bidders established by the customer in the tender documentation in accordance with Clause 1 of Part 1 of Article 31 of this Federal Law, or copies of such documents, as well as a declaration of compliance of an open tender participant with the requirements established in accordance with with points 3 - 9 of part 1 of article 31

E) copies of constituent documents of an open tender participant (for a legal entity);

E) a decision to approve or conclude a major transaction or a copy of such a decision, if the requirement that such a decision is necessary for the conclusion of a major transaction is established by the legislation of the Russian Federation, the constituent documents of a legal entity and for a participant in an open tender, the supply of goods, performance of work or provision of services that are the subject of the contract, or the contribution of funds as security for an application for participation in an open tender, security for the performance of a contract is a major transaction;

G) documents confirming the right of an open tender participant to receive benefits in accordance with this Federal Law, if the open tender participant has declared that he has received the said benefits, or copies of such documents;

H) documents stipulated by regulatory legal acts adopted in accordance with Parts 3 and 4 of Article 14 of this Federal Law, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an open tender does not contain the documents specified in this subparagraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

I) a declaration on the affiliation of an open tender participant to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law;

2) the proposal of an open tender participant 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 (if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of this Federal Law);

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 together with the goods;

4) in the case provided for by Part 2 of Article 37 of this Federal Law, documents confirming the good faith of a participant in an open tender;

5) documents confirming the deposit of security for an open tender application (a payment order confirming the transfer of funds as security for an open tender application, or a copy of this payment order or a bank guarantee that meets the requirements of Article 45 of this Federal Law), in if the customer, in accordance with this Federal Law, establishes a requirement to secure an application for participation in an open tender. These documents are not submitted by state, municipal institutions;

6) in the event that the tender documentation specifies such a criterion for evaluating applications for participation in the tender as the qualification of an open tender participant, the application of an open tender participant may also contain documents confirming his qualifications, while the absence of these documents is not a basis for recognizing the application as not complying with the requirements of this Federal Law.

3. An application for participation in an open tender may contain a sketch, drawing, drawing, photograph, other image, sample, sample of the goods being purchased.

4. All sheets of a written application for participation in an open tender, all sheets of a volume of such an application must be bound and numbered. An application for participation in an open tender and each 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. Compliance by an open tender participant with these requirements means that the information and documents included in the application for participation in an open tender and volumes of an application for participation in an open tender are submitted on behalf of an open tender participant and he is responsible for the authenticity and reliability of these information and documents. The name of the open tender (lot) is indicated on the envelope, which makes it possible to determine the open tender (lot) for participation in which the application is submitted. It is not allowed to establish other requirements for filling out an application for participation in an open tender. At the same time, improper fulfillment by a participant in an open tender of the requirement that all sheets of such an application and volumes must be numbered shall not be grounds for refusing admission to participation in an open tender.

5. It is not allowed to demand other documents and information from an open tender participant, except for the documents and information provided for by Part 2 of this Article.

6. Each envelope with an application for participation in an open tender, received within the time period specified in the tender documentation, is registered by the customer, a specialized organization. At the same time, refusal to accept and register an envelope with an application for participation in an open tender, which does not contain information about the person who submitted it, and the requirement to provide relevant information are not allowed.

7. An open tender participant has the right to submit only one application for participation in an open tender in respect of each subject of an open tender (lot).

8. If several citizens plan to create a work of literature or art, performance (as a result of intellectual activity) that is the subject of a contract, joint creative work, these citizens submit one application for participation in an open competition and are considered one participant in an open competition.

9. If the tender documentation provides for the right of the customer to conclude contracts for the performance of two or more exploratory research projects with several participants in the open tender, the participant in the open tender has the right to submit an application for participation in the open tender (lot) only in respect of one exploratory research project. research work.

10. Acceptance of bids for participation in an open tender is terminated when the deadline for opening envelopes with bids for participation in an open tender arrives.

11. The customer, a specialized organization shall ensure the safety of envelopes with applications for participation in an open tender and consideration of the content of applications for participation in an open tender only after opening the envelopes with applications for participation in an open tender in accordance with this Federal Law. Persons storing envelopes with applications for participation in an open tender are not entitled to allow damage to these envelopes until the envelopes with applications for participation in an open tender are opened in accordance with this Federal Law.

12. An envelope with an application for participation in an open tender, received after the deadline for filing applications for participation in an open tender, is not opened, and if the envelope with such an application contains information about the person who submitted it, including the postal address, is returned by the customer , a specialized organization in the manner prescribed by the tender documentation.

13. In the event that at the end of the deadline for filing applications for participation in an open tender, only one application for participation in an open tender has been submitted or not a single such application has been submitted, the open tender shall be declared invalid. If the tender documentation provides for two or more lots, the tender is recognized as not held only in respect of those lots in respect of which only one application for participation in an open tender has been submitted or not a single such application has been submitted.

Judicial practice under article 51 of the Federal Law of 04/05/2013 No. 44-FZ

Ruling dated January 24, 2019 in case No. А32-4465/2018

Supreme Court of the Russian Federation

Legal, the courts, having evaluated the evidence presented in the case file, including the notice of the procurement and tender documentation, guided by the provisions of Articles 7, 31, 49, 50, 51 of the Federal Law of 05.04.2013 No. procurement of goods, works, services to meet state and municipal needs”, Article 12 of the Federal Law...

Decision dated November 16, 2018 in case No. А56-89069/2018

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

There are uniform requirements. To conduct an open tender, the customer develops and approves the tender documentation (parts 1 and 3 of Article 48 of Law No. 44-FZ). The provisions of Article 51 of Law N 44-FZ provide for the procedure for filing applications for participation in an open tender, according to part 2 of which a participant in an open tender submits an application for participation in writing ...

Decision dated November 6, 2018 in case No. А33-21109/2018

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

One application was submitted for participation in the competition by the state enterprise of the Krasnoyarsk Territory "Center for the Development of the Communal Complex". The competition was declared invalid on the grounds provided for by Part 13 of Article 51 of Federal Law No. 44 of April 5, 2013 - FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter the Federal Law "On the contract...

Ruling dated November 2, 2018 in case No. А07-39435/2017

Arbitration Court of the Ural District (FAS UO) - Administrative

The essence of the dispute: Contesting non-normative legal acts, decisions and actions (inaction) of antimonopoly authorities

Society) applied to the Arbitration Court of the Republic of Bashkortostan with an application to cancel the decision of the Office in the case No. GZ-898/17 dated November 23, 2017. On the basis of Article 51 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the Administration of the city district was involved in the case as third parties that do not file independent claims regarding the subject of the dispute ...

2. A participant in an open tender shall submit an application for participation in an open tender in writing in a sealed envelope, which does not allow viewing the contents of the application before opening. An approximate form of an application for participation in an open tender may be indicated in the standard tender documentation. An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely:

A) name, company name (if any), location (for a legal entity), postal address of an open tender participant, taxpayer identification number (if any) of the founders, members of the collegial executive body, a person acting as the sole executive body of an open tender participant, surname, name, patronymic (if any), passport details, place of residence (for an individual), contact phone number;

(see text in previous edition)

B) an extract from the Unified State Register of Legal Entities or a notarized copy of such an extract (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs or a notarized copy of such an extract (for an individual entrepreneur), which were received no earlier than six months before the date of placement in the unified information system of a notice of an open tender, a copy of identity documents (for another individual), a duly certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);

c) a document confirming the authority of a person to act on behalf of an open tender participant - a legal entity (a copy of the decision to appoint or elect or a copy of the order to appoint an individual to a position, in accordance with which such an individual has the right to act on behalf of an open tender participant competition without a power of attorney (hereinafter referred to in this article as the head) If another person acts on behalf of an open tender participant, the application for participation in an open tender must also contain a power of attorney to act on behalf of an open tender participant, certified by the seal of the open tender participant ( if there is a seal) and signed by the head (for a legal entity) or a person authorized by the head, or a copy of the said power of attorney certified by a notary. there is also a document confirming the authority of such a person;

(see text in previous edition)

D) documents confirming the compliance of an open tender participant with the requirements for bidders established by the customer in the tender documentation in accordance with Clause 1 of Part 1 of Article 31 of this Federal Law, or copies of such documents, as well as a declaration of compliance of an open tender participant with the requirements established in accordance with with points 3 - 9 of part 1 of article 31

(see text in previous edition)

E) a decision to approve or conclude a major transaction or a copy of such a decision, if the requirement that such a decision is necessary for the conclusion of a major transaction is established by the legislation of the Russian Federation, the constituent documents of a legal entity and for a participant in an open tender, the supply of goods, performance of work or provision of services that are the subject of the contract, or the contribution of funds as security for an application for participation in an open tender, security for the performance of a contract is a major transaction;

g) documents confirming the right of an open tender participant to receive benefits in accordance with this Federal Law, if the open tender participant has declared that he has received the said benefits, or copies of such documents;

(see text in previous edition)

H) documents stipulated by regulatory legal acts adopted in accordance with Parts 3 and 4 of Article 14 of this Federal Law, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an open tender does not contain the documents specified in this subparagraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

(see text in previous edition)

i) a declaration on the affiliation of an open tender participant to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law;

2) the proposal of an open tender participant 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 (if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of this Federal Law);

(see text in previous edition)

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 together with the goods;

5) documents confirming the deposit of security for an open tender application (a payment order confirming the transfer of funds as security for an open tender application, or a copy of this payment order or a bank guarantee that meets the requirements of Article 45 of this Federal Law), in if the customer, in accordance with this Federal Law, establishes a requirement to secure an application for participation in an open tender. These documents are not submitted by state, municipal institutions;

(see text in previous edition)

6) in the event that the tender documentation specifies such a criterion for evaluating applications for participation in the tender as the qualification of an open tender participant, the application of an open tender participant may also contain documents confirming his qualifications, while the absence of these documents is not a basis for recognizing the application as not complying with the requirements of this Federal Law.

4. All sheets of a written application for participation in an open tender, all sheets of a volume of such an application must be bound and numbered. An application for participation in an open tender and each 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. Compliance by an open tender participant with these requirements means that the information and documents included in the application for participation in an open tender and volumes of an application for participation in an open tender are submitted on behalf of an open tender participant and he is responsible for the authenticity and reliability of these information and documents. The name of the open tender (lot) is indicated on the envelope, which makes it possible to determine the open tender (lot) for participation in which the application is submitted. It is not allowed to establish other requirements for filling out an application for participation in an open tender. At the same time, improper fulfillment by a participant in an open tender of the requirement that all sheets of such an application and volumes must be numbered shall not be grounds for refusing admission to participation in an open tender.

(see text in previous edition)

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer

Document as amended by:
Decree of the Government of the Russian Federation of February 4, 2016 N 63 (Official Internet portal of legal information www.pravo.gov.ru, 08.02.2016, N 0001201602080023) (entered into force on January 1, 2017).
____________________________________________________________________

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" The Government of the Russian Federation

decides:

1. Approve the attached list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer.

2. As part of the application for participation in the procurement of goods (works, services) provided for by the list approved by this resolution, an institution or enterprise of the penitentiary system shall submit a requirement, drawn up in an arbitrary form, to provide benefits established in accordance with Article 28 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" .

3. In case of evasion of the winner of the tender, request for proposals from concluding a contract, the advantage in relation to the price of the contract extends to the procurement participant - an institution or an enterprise of the penitentiary system, the application of which is assigned the second number.

4. If the winner of the auction, request for quotations evades the conclusion of the contract, the advantage in relation to the price of the contract extends to the procurement participant - an institution or enterprise of the penitentiary system, which offered the same as the winner of the auction, request for quotations, contract price or price offer contract of which contains the best conditions for the price of the contract, following the conditions proposed by the winner of the auction, request for quotations.

5. Recognize as invalid:

Decree of the Government of the Russian Federation of March 17, 2008 N 175 "On the provision of benefits to institutions and enterprises of the penitentiary system and organizations of disabled people involved in placing orders for the supply of goods, performance of work, provision of services for the needs of customers" (Collected Legislation of the Russian Federation, 2008 , N 12, art. 1135);

paragraph 29 of the amendments that are made to the resolutions of the Government of the Russian Federation on the activities of the Ministry of Health and Social Development of the Russian Federation and the Federal Medical and Biological Agency, approved by the Decree of the Government of the Russian Federation of June 2, 2008 N 423 "On Certain Issues of the Activities of the Ministry of Health and Social Development of the Russian Federation and the Federal Medical and Biological Agency" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2008, N 23, art. 2713);

Decree of the Government of the Russian Federation of October 27, 2012 N 1104 "On Amendments to the Decree of the Government of the Russian Federation of March 17, 2008 N 175" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2012, N 45, Art. 6242).

Prime Minister
Russian Federation
D. Medvedev

The list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the price they offer ...

APPROVED
Government Decree
Russian Federation
dated July 14, 2014 N 649
(As amended by
from January 1, 2017
Government Decree
Russian Federation
dated February 4, 2016 N 63. -
See previous edition)

The list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

Decree of the Government of the Russian Federation of July 14, 2014 N 649
"On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer"

With changes and additions from:

Water heaters flowing and accumulative electric

A list of goods has been established, the purchase of which must comply with the specified requirement. Among them are raw cow's milk, sausages, aluminum cutlery, electric meat grinders, wooden beds, dough kneaders, plant-based pastas.

The requirement for the provision of benefits is drawn up in an arbitrary form and is included in the application for participation in the procurement of the relevant goods.

If the winner of the tender, request for proposals evades the conclusion of the contract, the advantage in relation to the contract price extends to the procurement participant - the institution or enterprise of the penal system, the application of which is assigned the second number.

If the winner of the auction, request for quotations evades the conclusion of the contract, then the advantage extends to the procurement participant - an institution or an enterprise
A UIS that has offered the same contract price as the winner or whose contract price offer contains the best conditions for the contract price, following the conditions proposed by the winner.

The previous procedure for granting benefits to institutions and enterprises of the penal system and organizations of persons with disabilities has been declared invalid.

Decree of the Government of the Russian Federation of July 14, 2014 N 649 "On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer"

This resolution enters into force 7 days after the day of its official publication.

Customer must provide advantages to procurement participants - institutions and enterprises of the penitentiary system (penal system) and organizations of disabled people (part 1 of article 28, part 1 of article 29 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in procurement of goods, works, services to meet state and municipal needs”, hereinafter referred to as Law No. 44-FZ).

They are entitled to a discount on the contract price of up to 15 percent. This advantage is valid within the framework of the list of goods, works and services approved by the Government of the Russian Federation. But when purchasing from a single supplier, it does not apply.

Thus, an institution or enterprise of the penal system has the right to claim the status of a sole supplier if it produces goods (works, services) that are included in a special list approved by Decree of the Government of the Russian Federation of December 26, 2013 No. 1292 (clause 11, part 1, art. 93 of Law No. 44-FZ).

When the customer should provide benefits

Organization of the Disabled in addition to the package of documents for participation in the procurement, must declare in any form that it meets the criteria established by part 2 of article 29 of Law No. 44-FZ (letters of the Ministry of Economic Development of Russia dated January 29, 2015 No. D28i-192, dated November 21, 2014 No. D28i-2581). If the disability organization wins, it must submit a claim to the customer for a price advantage. Such a requirement can be issued in any form.

The list of goods (works, services) and the Rules for the provision of price advantages were approved by Decree of the Government of the Russian Federation of April 15, 2014 No. 341.

Establishment and enterprise of the penitentiary system as part of the application for participation in the procurement must submit a requirement for the provision of benefits. They can arrange it in any form.

The procedure for granting benefits and the list of goods (works, services) were approved by Decree of the Government of the Russian Federation of July 14, 2014 No. 649.

Attention! You cannot include in one purchase (without division into lots) goods that are included in the specified lists, and goods that are not there. This will lead to an unreasonable limitation of the number of procurement participants and will violate the rights of organizations of the disabled and the penitentiary system.

To avoid infringement, products that are eligible for benefits must be purchased separately from other products. To do this, they carry out different purchases or allocate such goods in different lots, and in the notices of purchase they establish price advantages (part 3 of article 29 of Law No. 44-FZ).

Such clarifications are provided by the Ministry of Economic Development of Russia in paragraphs 18-19 of the annex to the letter dated September 30, 2014 No. D28i-1889 and in paragraph 2 of the letter dated August 19, 2014 No. D28i-1616.

How to determine the contract price

If in determining the supplier (contractor, performer) If an institution and an enterprise of the penal system or an organization of the disabled win, then the contract must be concluded at the price they offered, taking into account the advantage. However, it should not be higher than the initial (maximum) contract price (IMCP) specified in the notice of purchase.

This procedure is established by part 2 of article 28, part 3 of article 29 of Law No. 44-FZ, paragraphs 3-5 of the Rules approved by Decree of the Government of the Russian Federation of April 15, 2014 No. 341.

An example of calculating the price of the contract, if the institution of the penal system is recognized as the winner of the purchase. The price of the contract, taking into account the benefits, is lower than the NMTsK

The budgetary institution "Alpha" is purchasing wooden beds at the expense of subsidies for the state task. The initial (maximum) price of the contract is 46,000 rubles.

The purchased goods (wooden beds) are included in the list of objects for which it is necessary to provide an advantage to the institutions of the penal system.

During the auction, the price was reduced by 20 percent and amounted to 36,800 rubles. The institution of the penitentiary system was recognized as the winner.

It, when applying for participation, stated the requirement for the provision of benefits.

The customer took into account this requirement. When concluding a contract with the winner, he increased the final price of the contract by 15 percent:

36 800 rub. + 36 800 rub. × 15% = 42,320 rubles.

The price of the contract, taking into account the benefits, does not exceed the NMTsK. The contract with the winner was concluded at a price of 42,320 rubles.

An example of calculating the contract price, if the organization of the disabled is recognized as the winner of the purchase. The price of the contract, taking into account the benefits, is higher than the NMTsK

The budgetary institution "Alfa" is purchasing lamps at the expense of subsidies for the state task. The initial (maximum) price of the contract is 38,000 rubles.

The purchased goods (lamps) are included in the list of objects for which it is necessary to provide an advantage to organizations of the disabled.

During the auction, the price was reduced by 10 percent and amounted to 34,200 rubles. The organization of the disabled was declared the winner. When applying for participation, she stated the requirement for the provision of benefits.

The customer took into account this requirement. When concluding a contract with the winner, he calculated the final price of the contract as follows:

34 200 rub. + 34 200 rub. × 15% = 39,330 rubles.

The price of the contract, taking into account the benefits, exceeds the NMTsK (39,330 rubles > 38,000 rubles). Therefore, the contract with the winner was concluded at the price indicated in the notice of purchase - 38,000 rubles.