Article 48. Holding an open competition

1. An open tender is understood as a competition in which information about the procurement is communicated by the customer to an unlimited number of persons by posting in a unified information system a notice of such a tender, tender documentation and uniform requirements are imposed on procurement participants.

2. In all cases, the customer makes purchases through an open tender, with the exception of cases provided for in Articles 56,57,59,72,83,84 and 93 of this Federal Law.

3. To conduct an open tender, the customer develops and approves tender documentation.

4. The Government of the Russian Federation has the right to establish requirements for the content, composition, and procedure for developing standard tender documentation. Standard tender documentation is required for use by customers.

5. To develop tender documentation, the customer has the right to involve a specialized organization on the basis of a contract concluded in accordance with this Federal Law.

6. Collection of fees from participants in an open tender for participation in an open tender is not permitted, with the exception of fees for the provision of tender documentation in cases provided for by this Federal Law.

Article 49. Notice of an open tender

1. A notice of an open tender is placed by the customer in the unified information system no less than twenty days before the date of opening envelopes with applications for participation in an open tender or opening access to applications submitted in the form of electronic documents for participation in an open tender.

2. The customer also has the right to publish a notice of an open tender in any media or place this notice on websites on the Internet, 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 indicates:

1) information provided for in Article 42 of this Federal Law;

2) requirements for participants in an open competition and an exhaustive list of documents that must be submitted by participants in an open competition in accordance with paragraphs 1 and 2 of Part 1 of Article 31 of this Federal Law;

3) methods of obtaining tender documentation, deadline, place and procedure for submitting 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 competition and (or) opening access to these applications submitted in the form of electronic documents, the date of consideration and evaluation of such applications;

7) benefits provided by the customer in accordance with Articles 28-30 of this Federal Law;

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

4. The customer has the right to decide to make changes to 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 procurement object 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 specified decision, such changes are posted by the customer in the manner established for posting a notice of an open tender. In this case, the deadline for filing applications for participation in an open competition must be extended in such a way that from the date of posting such changes to the expiration date of the period for filing applications for participation in an open competition, this period is at least ten working days, or, if the notice of open competition such changes are made in relation to a specific lot, the deadline for filing applications for participation in an open competition in relation to a specific lot must be extended.

Article 50. Tender documentation

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

1) name and description of the procurement object and terms of the contract in accordance with Article 33 of this Federal Law, including justification for the initial (maximum) contract price;

2) information about the currency used to formulate the contract price and settlements with the supplier (contractor, performer);

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

4) the requirements for the content provided for in Article 51 of this Federal Law, including the description of the proposal of a participant in an open competition, the form, composition of an application for participation in an open competition and instructions for filling it out, while it is not allowed to establish requirements entailing a limitation on the number of participants open competition or restriction of access to participation in an open competition;

5) information about the customer’s ability to change the terms of the contract in accordance with the provisions of this Federal Law;

6) information about the customer’s ability to conclude contracts specified in Part 10 of Article 34 of this Federal Law with several participants in an open competition for the implementation of two or more research works constituting one lot in relation to one subject and with the same contract terms specified in the competitive tender documentation (hereinafter referred to as exploratory research work), indicating the number of specified contracts. In this case, the initial (maximum) price of one contract is indicated as the initial (maximum) contract price. In this case, the initial (maximum) price of all contracts for exploratory research work is the same and the initial (maximum) price of a lot is equal to the sum of the initial (maximum) prices of all such contracts in relation to a given lot;

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

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

9) criteria for evaluating applications for participation in an open competition, the significance of these criteria, the procedure for considering and evaluating applications for participation in an open competition in accordance with this Federal Law;

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

11) the size and conditions for securing the execution of the contract, including each contract in the cases provided for in paragraph 6 of this part, based on the initial (maximum) price of the lot in proportion to the number of specified contracts, taking into account the requirements of paragraph 6 of Article 96 of this Federal Law;

12) information about the contract service, the contract manager, those responsible for concluding the contract, the period during which the winner of an open competition or another participant with whom a contract is concluded in accordance with this Federal Law must sign the contract, the conditions for recognizing the winner of an open competition or this participant who evaded concluding a contract;

13) information about the possibility of unilateral refusal to fulfill the contract in accordance with the provisions of parts 8-26 of Article 95 of this Federal Law.

2. A draft contract must be attached to the tender documentation (in the case of an open tender for several lots, a draft contract for each lot), which is an integral part of the tender documentation.

3. The placement of tender documentation in a unified information system is carried out by the customer simultaneously with the placement of a notice of an open tender. Tender documentation must be available for review in a unified information system without charging a fee. Providing tender documentation (including at the request of interested parties) before posting a notice of an open tender is not allowed.

4. After the date of publication of the notice of an open tender, the customer, on the basis of a written application submitted by any interested person, within two working days from the date of receipt of the relevant application, is obliged to provide such person with tender documentation in the manner specified in the notice of an open tender. In this case, the tender documentation is provided in the form of a document on paper after the person has paid a fee for the provision of tender documentation, if this fee is established by the customer and an indication of this is contained in the notice of an open tender, with the exception of cases of provision of tender documentation in the form of an electronic document. The amount of this fee should not exceed the customer’s costs for making a copy of the tender documentation and delivering it to the person who submitted the specified application by post. The provision of tender documentation in the form of an electronic document is carried out without charging a fee, with the exception of the fee that may be charged for the provision of tender documentation on electronic media.

5. The tender documentation posted in the unified information system must fully comply with the tender documentation provided at the request of interested parties.

6. The customer has the right to decide to make changes to the tender documentation no later than five days before the deadline for filing applications for participation in an open tender. Changing the procurement object or increasing the amount of security for applications for participation in an open tender are not allowed. Within one day from the date of the decision to make changes to the tender documentation, such changes are posted by the customer in the manner established for posting a notice of an open tender, and within two working days from this date are sent by registered mail or in the form of electronic documents to all participants, who were provided with the tender documentation. At the same time, the deadline for filing applications for participation in an open competition must be extended so that from the date of posting such changes in the unified information system until the expiration date for filing applications for participation in an open competition, this period is at least ten working days, with the exception of provided for by this Federal Law. If such changes are made to the tender documentation in relation to a specific lot, the deadline for filing applications for participation in the open competition must be extended in relation to the specific lot.

7. Any participant in an open tender has the right to send a request in writing to the customer for clarification of the provisions of the tender documentation. Within two 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 an explanation of the provisions of the tender documentation, if the specified request was received by the customer no later than five days before the deadline for filing applications for participation in an open competition.

8. Within one working day from the date of sending clarifications of the provisions of the tender documentation, such clarifications must be posted by the customer in the unified information system indicating the subject of the request, but without indicating the person from whom the request was received. Explanations of the provisions of the tender documentation should not change its essence.

Article 51. Procedure for filing applications for participation in an open competition

1. Applications for participation in an open competition are submitted in the form and in the manner specified in the competition documentation, as well as in the place and before the expiration of the period specified in the notice of the open competition.

2. A participant in an open competition submits a written application for participation in an open 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 competition documentation). An approximate form of an application for participation in an open competition may be indicated in the standard competition 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 the open tender participant who submitted an application for participation in the open tender:

a) name, company name (if available), location, postal address (for a legal entity), last name, first name, patronymic (if available), passport details, place of residence (for an individual), contact telephone 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 competition, copies of identity documents (for another individual), a duly certified translation into Russian of documents on state registration of a legal entity or an individual as an individual entrepreneur in accordance with legislation of the relevant state (for a foreign person);

c) a document confirming the authority of a person to carry out actions on behalf of a participant in an open competition - a legal entity (a copy of the decision on appointment or election or a copy of the order on the appointment of an individual to a position, according to which such an individual has the right to act on behalf of a participant in an open competition competition without a power of attorney (hereinafter in this article - the head). If another person acts on behalf of the participant in the open competition, the application for participation in the open competition must also contain a power of attorney to act on behalf of the participant in the open competition, certified by the seal of the participant in the open competition and signed by the head (for a legal entity) or a person authorized by the head, or a notarized copy of the specified power of attorney.If the specified power of attorney is signed by a person authorized by the director, the application for participation in an open competition must also contain a document confirming the authority of such person;

d) documents confirming the compliance of the open tender participant with the requirements for tender participants established by the customer in the tender documentation in accordance with paragraphs 1 and 2 of Part 1 of Article 31 of this Federal Law, or copies of such documents, as well as a declaration of compliance of the open tender participant with the requirements established in accordance with paragraphs 3-8 parts 1 article 31 of this Federal Law;

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

f) a decision to approve or to carry out a major transaction or a copy of such a decision if the requirement for the need for such a decision to carry out 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 for the supply of goods, performance of work or provision of services , which are the subject of the contract, or the contribution of funds as security for an application for participation in an open competition, securing the execution of the contract is a major transaction;

g) documents confirming the right of a participant in an open competition to receive benefits in accordance with Articles 28-30 of this Federal Law, or certified copies of such documents;

h) documents confirming the compliance of a participant in an open tender and (or) the goods, work or service 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 this Federal Law, or certified copies of such documents;

2) a proposal from a participant in an open tender regarding the object of purchase, and in the case of the purchase of goods, also the proposed price of a unit of goods, information about the country of origin of the goods or the manufacturer of the goods;

3) in cases provided for by the tender documentation, copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation (if there are these 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 require the presentation of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods;

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

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

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

4. All sheets of an application submitted in writing for participation in an open competition, all sheets of the volume of such an application must be bound and numbered. An application for participation in an open competition and the volume of such an application must contain an inventory of the documents included in them, be sealed by the participant in the open competition (for a legal entity) and signed by the participant in the open competition or a person authorized by the participant in the open competition. Compliance by a participant in an open competition with the specified requirements means that the information and documents included in the application for participation in an open competition and the volume of an application for participation in an open competition are submitted on behalf of the participant in an open competition and he is responsible for the authenticity and reliability of this information and documents. It is not allowed to establish other requirements for the execution of an application for participation in an open competition, with the exception of the requirements for the execution of such an application provided for in this part. At the same time, improper fulfillment by a participant of an open competition of the requirement that all sheets of such applications and volumes must be numbered does not constitute grounds for refusal of admission to participate in an open competition.

5. It is not allowed to require other documents and information from a participant in an open tender, except for the documents and information provided for in Part 2 of this article.

6. Each envelope with an application for participation in an open competition, each application for participation in an open competition submitted in the form of an electronic document, received within the period specified in the competition 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 competition, which does not indicate information about the person who submitted it, and the requirement to provide relevant information are not allowed.

7. A participant in an open competition has the right to submit only one application for participation in an open competition in relation to each item of an open competition (lot).

8. If several citizens plan to create a work of literature or art, performance (as a result of intellectual activity), which 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 customer’s right to conclude contracts for the performance of two or more exploratory research works with several participants in an open competition, a participant in an open competition has the right to submit an application for participation in an open competition (lot) only in relation to one exploratory scientific research project. research work.

10. Acceptance of applications for participation in an open competition ceases when the deadline for opening envelopes with applications for participation in an open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition.

11. The customer, a specialized organization ensures the safety of envelopes with applications for participation in an open competition, the security, integrity and confidentiality of applications for participation in an open competition submitted in the form of electronic documents and ensures consideration of the contents of applications for participation in an open competition only after opening the envelopes with applications for participation in an open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition in accordance with this Federal Law. Persons who store envelopes with applications for participation in an open competition, including applications submitted in the form of electronic documents for participation in an open competition, do not have the right to allow damage to these envelopes, to open access to such applications until the envelopes with applications for participation in the open competition are opened open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition in accordance with this Federal Law.

12. An envelope with an application for participation in an open competition, received after the deadline for filing applications for participation in an open competition, 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 established by the competition documentation. Access to applications for participation in an open competition submitted in the form of electronic documents after the expiration of the deadline for filing applications for participation in an open competition is not provided.

13. If, after the deadline for submitting applications for participation in an open competition, only one application for participation in an open competition is submitted or no such application is submitted, the open competition is recognized as failed. If the tender documentation provides for two or more lots, the tender is recognized as failed only in relation to those lots for which only one application for participation in an open tender was submitted or no such application was submitted.

Article 52. Opening envelopes with applications for participation in an open competition and opening access to applications submitted in the form of electronic documents for participation in an open competition

1. The competition commission opens envelopes with applications for participation in an open competition and (or) opens access to applications submitted in the form of electronic documents for participation in an open competition after the deadline specified in the competition documentation as the deadline for filing applications for participation in the competition. Envelopes with applications for participation in an open competition are opened, and access to applications submitted in the form of electronic documents for participation in an open competition is made publicly available at the time, place, manner and in accordance with the procedures specified in the competition documentation. Opening of all received envelopes with applications for participation in an open competition and opening access to applications submitted in the form of electronic documents for participation in such a competition are carried out on the same day.

2. The customer is obliged to provide the opportunity to all participants of the open competition who submitted applications for participation in it, or their representatives, to be present at the opening of envelopes with applications for participation in the open competition and (or) opening of access to applications submitted in the form of electronic documents for participation in the open competition . The customer is recognized as having fulfilled this obligation if participants in an open tender are given the opportunity to receive in real time complete information about the opening of envelopes with applications for participation in an open tender and (or) about the opening of specified access.

3. Immediately before opening envelopes with applications for participation in an open competition and (or) opening access to applications submitted in the form of electronic documents for participation in an open competition or in the case of an open competition for several lots, before opening such envelopes and (or) opening access for applications submitted in the form of electronic documents in relation to each lot for participation in an open competition, the competition commission announces to the participants of the competition present at the opening of such envelopes and (or) opening of the specified access, about the possibility of submitting applications for participation in an open competition, changing or withdrawing submitted applications to participate in an open competition before opening such envelopes and (or) opening the specified access. At the same time, the competition commission announces the consequences of submitting two or more applications for participation in an open competition by one participant in the competition.

4. The competition commission opens envelopes with applications for participation in an open competition and opens access to applications submitted in the form of electronic documents for participation in an open competition, if such envelopes and applications were received by the customer before the opening of such envelopes and (or) opening of the specified access. If it is established that one participant in an open competition has submitted two or more applications for participation in an open competition in relation to the same lot, provided that the applications for participation in the competition previously submitted by this participant have not been withdrawn, all applications for participation in the competition of this participant, submitted for the same lot will not be considered and will be returned to that bidder.

5. If the competition documentation provides for the right of the customer to conclude contracts for the performance of two or more exploratory research works with several participants in the competition, an application for participation in the competition submitted simultaneously in relation to two or more of these works is not considered and is returned to the submitter participant of the competition.

6. Information about the place, date and time of opening envelopes with applications for participation in an open competition and opening access to applications submitted in the form of electronic documents for participation in an open competition, name (for a legal entity), last name, first name, patronymic (if available) (for an individual), the postal address of each participant in the open competition, the envelope with whose application is opened or access to the application submitted in the form of an electronic document is opened, the availability of information and documents provided for in the competition documentation, the terms of contract execution specified in the application for participation in the open competition competition and which are the criteria for evaluating applications for participation in an open competition, are announced when these envelopes are opened and the specified access is opened and are entered into the protocol accordingly. If, after the deadline for submitting applications for participation in an open competition, only one application has been submitted or no applications have been submitted, information on declaring the open competition invalid is entered into this protocol.

7. The protocol for opening envelopes with applications for participation in an open competition and opening access to applications submitted in the form of electronic documents for participation in an open competition is maintained by the competition commission, signed by all present members of the competition commission immediately after opening such envelopes and opening access to applications submitted in electronic form documents for applications for participation in the competition and no later than the working day following the date of signing this protocol are posted in the unified information system. When holding an open competition for the purpose of concluding a contract for the performance of scientific research work, if it is possible to conclude contracts with several procurement participants, as well as for the performance of two or more exploratory research works, this protocol is posted in a unified information system within three working days from the date of its signing.

8. The customer is obliged to ensure audio recording of the opening of envelopes with applications for participation in an open competition and (or) opening of access to applications submitted in the form of electronic documents for participation in an open competition. An open tender participant present at the opening of envelopes with applications for participation in an open tender and (or) opening of access to applications submitted in the form of electronic documents for participation in an open tender, has the right to make audio and video recording of the opening of such envelopes and (or) opening of said access .

Article 53. Consideration and evaluation of applications for participation in the competition

1. The period for consideration and evaluation of applications for participation in the competition cannot exceed twenty days from the date of opening the envelopes with such applications and (or) opening access to applications submitted in the form of electronic documents for participation in the competition. The customer has the right to extend the period for consideration and evaluation of applications for participation in a competition for the supply of goods, performance of work or provision of services in the field of science, culture or art, but no more than ten working days. In this case, within one working day from the date of the decision to extend the period for consideration and evaluation of such applications, the customer sends a corresponding notification to all participants of the competition who submitted applications for participation in the competition, and also places the specified notification in the unified information system.

2. An application for participation in a tender is recognized as proper if it meets the requirements of this Federal Law, a notice of procurement or an invitation to take part in a closed tender and tender documentation, and the procurement participant who submitted such an application meets the requirements for a procurement participant and indicated in the tender documentation.

3. The competition commission rejects an application for participation in the competition if the competition participant who submitted it does not meet the requirements for a competition participant specified in the competition documentation, or such an application is recognized as not meeting the requirements specified in the competition documentation.

4. The results of consideration of applications for participation in the competition are recorded in the protocol of consideration and evaluation of applications for participation in the competition.

5. The competition commission evaluates applications for participation in the competition that were not rejected to identify the winner of the competition based on the criteria specified in the competition documentation.

6. If, based on the results of consideration of applications for participation in the competition, the competition commission rejected all such applications or only one such application meets the requirements specified in the competition documentation, the competition is declared invalid.

7. Based on the results of the evaluation of applications for participation in the competition, the competition commission assigns each application for participation in the competition a serial number in order of decreasing degree of profitability of the terms of the contract they contain. The application for participation in the competition, which contains the best conditions for the execution of the contract, is assigned the first number. If several applications for participation in the competition contain the same conditions for the execution of the contract, a lower serial number is assigned to the application for participation in the competition, which was received earlier than other applications for participation in the competition containing the same conditions.

8. The winner of the competition is the participant in the competition who proposed 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.

9. If the tender documentation provides for the customer’s right to conclude contracts with several tender participants in the cases specified in Part 10 of Article 34 of this Federal Law, including for the performance of exploratory research work, the tender commission assigns the first number to several applications for participation in the tender containing best conditions for contract execution. In this case, the number of applications for participation in the competition, which are assigned the first number, should not exceed the number of such contracts specified in the competition documentation.

10. The results of the consideration and evaluation of applications for participation in the competition are recorded in the protocol for the consideration and evaluation of such applications, which must contain the following information:

1) place, date, time of consideration and evaluation of such applications;

2) information about the competition participants whose applications for participation in the competition were considered;

3) information about the competition participants whose applications for participation in the competition were rejected, indicating the reasons for their rejection, including the provisions of this Federal Law and the provisions of the competition documentation to which such applications do not correspond, proposals contained in applications for participation in the competition and not meeting the requirements of the tender documentation;

4) the decision of each commission member to reject applications for participation in the competition;

5) the procedure for evaluating applications for participation in the competition;

6) the values ​​assigned to applications for participation in the competition for each of the provided criteria for evaluating applications for participation in the competition;

7) a decision made on the basis of the results of the evaluation of applications for participation in the competition to assign serial numbers to such applications;

8) names (for legal entities), surnames, first names, patronymics (if any) (for individuals), postal addresses of competition participants, whose applications for participation in the competition were assigned the first and second numbers.

11. The results of the consideration of a single application for participation in the competition for its compliance with the requirements of the competition documentation are recorded in the protocol for the consideration of the only application for participation in the competition, which must contain the following information:

1) place, date, time of consideration of such an application;

2) name (for a legal entity), surname, first name, patronymic (if any) (for an individual), postal address of the competition participant who submitted a single application for participation in the competition;

3) the decision of each member of the commission on the compliance of such an application with the requirements of this Federal Law and the competition documentation;

4) a decision on the possibility of concluding a contract with a participant in the competition who submitted a single application for participation in the competition.

12. The protocols specified in parts 10 and 11 of this article are drawn up in two copies, which are signed by all present members of the competition commission. Attached to these protocols are the proposals of the competition participants contained in the applications for participation in the competition regarding the price of a unit of goods, work or services, the country of origin and the manufacturer of the goods. One copy of each of these protocols is kept by the customer, another copy, within three working days from the date of its signing, is sent to the winner of the competition or the participant in the competition who submitted the only application for participation in the competition, with the attachment of a draft contract, which is drawn up by including the terms of the contract in this draft proposed by the winner of the competition or a participant in the competition who submitted a single application for participation in the competition. The protocol for the consideration and evaluation of applications for participation in the competition, the protocol for the consideration of a single application for participation in the competition with the specified attachments are placed by the customer in the unified information system no later than the working day following the date of signing of the specified protocols.

13. Any participant in the competition, including those who submitted a single application for participation in the competition, after posting in the unified information system 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 electronic form document to the customer request for clarification of the results of the competition. Within two working days from the date of receipt of this request, the customer is obliged to provide the relevant explanations to the tender participant in writing or in the form of an electronic document.

14. Any participant in the competition, including those who submitted a single application for participation in the competition, has the right to appeal the results of the competition in the manner established by this Federal Law.

15. Protocols drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation, explanations of the provisions of the competition documentation and audio recording of opening envelopes with applications for participation in the competition and (or) opening access to those submitted in the form electronic documents for applications for participation in the competition are stored by the customer for at least three years.

Article 54. Conclusion of a contract based on the results of a competition

1. Based on the results of the competition, the contract is concluded on the terms specified in the application for participation in the competition submitted by the participant in the competition with whom the contract is concluded, and in the competition documentation. When concluding a contract, its price cannot exceed the initial (maximum) contract price specified in the notice of the tender.

2. The contract is concluded no earlier than ten days and no later than twenty days from the date of posting in the unified information system the protocol for the consideration and evaluation of applications for participation in the competition or in the case of a closed competition from the date of signing such a protocol. In this case, the contract is concluded only after the tender participant provides security for the execution of the contract in accordance with the requirements of this Federal Law.

3. Within fifteen days from the date of receipt of the draft contract from the customer (without the customer’s signature), the winner of the competition is obliged to sign the contract and submit all copies of the contract to the customer. In this case, the winner of the competition, simultaneously with the contract, is obliged to submit to the customer documents confirming the provision of security for the execution of the contract in the amount provided for by the competition documentation or part 1 of Article 37 of this Federal Law. If the winner of the competition does not comply with the requirements of this part, such winner is recognized as having evaded concluding the contract.

4. If the winner of the competition evades concluding a contract, the customer has the right to file a claim in court for compensation for losses caused by evading concluding the contract in the part not covered by the amount of security for the application for participation in the competition, and conclude a contract with the participant in the competition, application for participation in the competition which is assigned the second number.

5. A draft contract, if the tender participant whose application for participation in the tender is assigned the second number agrees to conclude a contract, is drawn up by the customer by including in the draft contract attached to the tender documentation the terms of execution of the contract proposed by this participant. The draft contract must be sent by the customer to this participant within a period not exceeding ten days from the date the winner of the competition was recognized as having evaded concluding the contract. The participant in the competition, whose application for participation in the competition is assigned the second number, has the right to sign a contract and transfer it to the customer in the manner and within the time limits provided for in part 3 of this article, or refuse to enter into a contract. Along with the signed copies of the contract, this participant is obliged to provide security for the execution of the contract.

6. Failure by a participant in the competition, whose application for participation in the competition is assigned the second number, to the customer within the period established by this article, copies of the contract signed by this participant and security for the execution of the contract is considered to be an evasion of this participant from concluding the contract. In this case, the competition is declared invalid.

7. Within ten days from the date of receipt from the winner of the competition or participant in the competition, whose application for participation in the competition is assigned the second number, a signed contract with attached documents confirming the provision of security for the execution of the contract, the customer is obliged to sign the contract and transfer one copy of the contract to the person with with whom the contract was concluded, or his representative, or send one copy of the contract by mail to the person with whom the contract was concluded. If the customer does not perform the actions provided for in this part, he is recognized as having evaded concluding the contract. If the customer evades concluding a contract with the winner of the competition or a participant in the competition whose application for participation in the competition is assigned the second number, this winner or this participant has the right to file a lawsuit to compel the customer to conclude a contract and to recover from the customer losses caused by the customer’s evasion from conclusion of a contract.

8. The funds contributed as security for an application for participation in the competition are returned to the winner of the competition within the time limits provided for in Part 6 of Article 44 of this Federal Law.

9. If there are judicial acts adopted by a court or arbitration court or the occurrence of force majeure circumstances that prevent one of the parties from signing a contract within the time limits established by this article, this party is obliged to notify the other party of the existence of such judicial acts or such circumstances within one day. In this case, the period established by this article is suspended for the period of execution of such judicial acts or the duration of such circumstances, but not more than thirty days. In case of cancellation, modification or execution of such judicial acts or termination of such circumstances, the relevant party is obliged to notify the other party about this no later than the day following the day of cancellation, modification or execution of such judicial acts or termination of such circumstances.

Article 55. Consequences of declaring a competition invalid

1. The customer enters into a contract with a single supplier (contractor, performer) in accordance with clause 25 of part 1 of article 93 of this Federal Law in cases where the tender is declared invalid on the grounds provided for:

1) Part 13 of Article 51 of this Federal Law due to the fact that at the end of the deadline for submitting applications for participation in the competition, only one application was submitted, and such an application was recognized as meeting the requirements of this Federal Law and the competition documentation;

2) Part 6 of Article 53 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the competition, only one application was recognized as meeting the requirements of this Federal Law and competition documentation;

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

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

1) part 13 of Article 51 of this Federal Law due to the fact that after the deadline for filing applications for participation in the competition, not a single such application was submitted;

2) Part 6 of Article 53 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the competition, the competition commission rejected all such applications;

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

3. The customer places a notice of a re-tender in the unified information system no less than ten days before 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. In this case, the procurement object, the quantity of goods, the volume of work or services, the requirements for procurement participants, the procurement object, 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 competition declared invalid, with the exception of the contract execution period, which must be extended for a period not less than the period required for the re-tender, and the initial (maximum) contract price, which can be increased by no more than ten percent of the initial (maximum) contract price provided for by the competitive tender documentation of the competition declared invalid. The repeated competition is carried out in accordance with the provisions of this Federal Law on holding an open competition, taking into account the provisions of this article. If uniform requirements and additional requirements are established for participants in a repeated competition during a repeated competition, the provisions of Article 56 of this Federal Law are applied, taking into account the provisions of this article.

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

5. If a two-stage tender is declared invalid on the grounds provided for in Part 10 of Article 57 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and makes the purchase again.

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

7. In the event that a two-stage competition is declared invalid on the grounds provided for in Part 15 of Article 57 of this Federal Law due to the fact that after the deadline for submitting final applications for participation in a two-stage competition, only one such application was submitted, and such application was recognized as meeting the requirements of this Federal Law and competition documentation or based on the results of consideration of final applications for participation in a two-stage competition, only one application is recognized as meeting the requirements of this Federal Law and competition documentation, the customer enters into a contract with a single supplier (contractor, performer) in accordance with clause 25 of part 1 of Article 93 of this Federal law.

Article 56. Features of holding a competition with limited participation

1. A competition with limited participation is understood as a competition in which information about the procurement is communicated by the customer to an unlimited number of persons by posting a notice of such a competition and tender documentation in a unified information system, uniform requirements and additional requirements are imposed on procurement participants, and the winner of such a competition is determined from the number of procurement participants who have passed prequalification.

2. Conducting a competition with limited participation is used 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) who have the required level qualifications, as well as in cases of performing work on the preservation of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, restoration of museum objects and museum collections included in the Museum Fund of the Russian Federation, documents of the Archive Fund of the Russian Federation, especially valuable and rare documents, included in the library collections, performance of work, provision of services related to the need for access of contractors, performers to the accounting databases of museums, archives, libraries, to museum repositories (depositories), to security systems for museum objects and museum collections, archival documents, library fund. The list of cases and (or) the procedure for classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers ), having the required level of qualifications, are established by the Government of the Russian Federation.

3. When holding a competition with limited participation, the provisions of this Federal Law on holding an open competition are applied, taking into account the features defined by this article.

4. In relation to participants in a competition with limited participation, along with the requirements established by Part 1 of Article 31 of this Federal Law, additional requirements are imposed in accordance with paragraph 2 of Article 31 of this Federal Law. In this case, additional requirements are applied for prequalification and cannot be used as a criterion for evaluating applications for participation in a competition with limited participation.

5. The notice of a tender with limited participation and the 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 paragraph 4 of this article.

6. An application for participation in a competition with limited participation, along with the information provided for in Part 2 of Article 51 of this Federal Law, must contain documents confirming the compliance of procurement participants with additional requirements, or copies of such documents certified by the procurement participant.

7. Within no more than ten working days from the date of opening the envelopes with applications for participation in a competition with limited participation and (or) the date of opening access to applications submitted in the form of electronic documents for participation in such a competition, the customer conducts a prequalification selection to identify procurement participants , which meet the requirements established by the customer in accordance with part 4 of this article.

8. The results of the prequalification selection with the rationale for the decisions made by the customer, including the list of procurement participants who meet the established requirements, are recorded in the prequalification protocol, which is posted in the unified information system within three working days from the date of summing up the results of the prequalification selection. The results of the prequalification selection may be appealed to the control body in the field of procurement no later than ten days from the date of posting the specified protocol in the unified information system in the manner established by this Federal Law.

9. If, based on the results of the prequalification selection, no procurement participant is recognized as meeting the established uniform requirements and additional requirements, or only one procurement participant is recognized as complying with the established uniform and additional requirements, the competition with limited participation is recognized as failed.

10. The results of the consideration of applications for participation in a competition with limited participation are recorded in the protocol for the consideration and evaluation of applications for participation in such a competition, which is subject to placement by the customer in the unified information system within ten days from the date of summing up the results of the prequalification selection.

Article 57. Features of a two-stage competition

1. A two-stage tender is understood as a competition in which information about the procurement is communicated by the customer to an unlimited number of persons by posting a notice of such a tender and tender documentation in a unified information system; the procurement participants are subject to uniform requirements or uniform requirements and additional requirements, and the winner of such a competition is recognized a participant in a two-stage competition who took part in both stages of such a competition (including having passed prequalification at the first stage in the event of additional requirements for participants in such a competition) and who offered the best conditions for the execution of the contract based on the results of the second stage of such a competition.

2. The customer has the right to conduct a two-stage tender in accordance with this Federal Law while simultaneously meeting the following conditions:

1) the competition is held to conclude a contract for scientific research, design work (including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products, an energy service contract, 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, it is necessary to discuss it with the procurement participants.

3. When conducting a two-stage competition, the provisions of this Federal Law on holding an open competition are applied, taking into account the features defined by this article. The publication 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. If uniform requirements and additional requirements are established for participants in a two-stage competition when conducting the first stage of a two-stage competition, the provisions of Article 56 of this Federal Law regarding the conduct of prequalification selection are applied, taking into account the features defined by this article.

4. When conducting a two-stage tender, at its first stage, participants in a two-stage tender are required to submit initial applications for participation in the competition containing proposals for the procurement object without indicating proposals for the contract price. However, provision of security for an application for participation in such a competition at the first stage is not required.

5. At the first stage of a two-stage competition, the competition commission discusses with its participants who submitted initial applications for participation in such a competition in accordance with the provisions of this Federal Law any proposals contained in these applications by participants in such a competition regarding the procurement object. When discussing the proposal of each participant in a two-stage competition, the competition commission is obliged to provide equal opportunities for participation in these discussions to all participants in the two-stage competition. All participants have the right to be present at the discussion of the proposal of each participant in such a competition.

6. The duration of the first stage of a two-stage competition cannot exceed twenty days from the date of opening the envelopes with the initial applications for participation in such a competition and opening access to the initial applications for participation in such a competition submitted in the form of electronic documents.

7. The results of the discussion that took place at the first stage of a two-stage competition are recorded by the competition commission in the protocol of its first stage, signed by all present members of the competition commission at the end of the first stage of such a competition and no later than the working day following the date of signing of the specified protocol, and are posted in a unified information system.

8. The protocol of the first stage of a two-stage competition indicates information about the place, date and time of the first stage of a two-stage competition, name (for a legal entity), surname, first name, patronymic (if any) (for an individual), postal address of each participant in such a competition , the envelope with an application for participation in such a competition is opened and (or) access to applications submitted in the form of electronic documents is opened, proposals in relation to the procurement object.

9. Based on the results of the first stage of a two-stage tender, recorded in the protocol of the first stage of such a tender, the customer has the right to clarify the terms of the purchase, namely:

1) any requirement for the functional, technical, quality or operational characteristics of the procurement object specified in the tender documentation. In this case, the customer has the right to supplement the specified characteristics with new characteristics that comply with the requirements of this Federal Law;

2) any criterion for evaluating applications for participation in such a competition specified in the competition documentation. In this case, the customer has the right to supplement the specified criteria with new criteria that meet the requirements of this Federal Law only to the extent that this addition is required as a result of changes in the functional, technical, quality or operational characteristics of the procurement object.

10. If, based on the results of the prequalification selection carried out at the first stage of a two-stage tender, not a single procurement participant is recognized as meeting the established uniform requirements and additional requirements, or only one procurement participant is recognized as complying with such requirements, the two-stage tender is recognized as failed.

11. The customer informs the participants of the two-stage competition in invitations to submit final applications for participation in the two-stage competition about any clarification made in accordance with Part 9 of this article. At the same time, these changes are reflected in the tender documentation posted in the unified information system on the day the said invitations are sent.

12. At the second stage of a two-stage competition, the competition commission invites all participants in a two-stage competition who took part in its first stage to submit final applications for participation in a two-stage competition indicating the contract price, taking into account the procurement conditions specified after the first stage of such a competition. In this case, the customer establishes a requirement to secure these applications in accordance with the provisions of Article 44 of this Federal Law.

13. A participant in a two-stage competition who took part in the first stage has the right to refuse to participate in the second stage of a two-stage competition.

14. Final applications for participation in a two-stage competition are submitted by participants in the first stage of a two-stage competition, considered and evaluated by the competition commission in accordance with the provisions of this Federal Law on holding an open competition within the time limits established for conducting an open competition and calculated from the date of opening of envelopes with final applications for participation in a two-stage competition.

15. If, after the deadline for submitting final applications for participation in a two-stage competition, only one such application is submitted or no such application is submitted, or only one such application is recognized as complying with this Federal Law and the competition documentation, or the competition commission rejected all such applications, the two-stage competition is declared invalid.

Article 58. Involvement of experts and expert organizations during competitions

When holding competitions, in order to provide an expert assessment of competition documentation, applications for participation in competitions, carried out during the prequalification selection of competition participants, assessing the compliance of competition participants with additional requirements, the customer has the right to attract experts and expert organizations.

Article 59. Auction in electronic form (electronic auction)

1. An auction in electronic form (electronic auction) is understood as an auction in which information about the procurement is communicated by the customer to an unlimited number of persons by posting a notice of such an auction and documentation about it in a unified information system; uniform requirements and additional requirements are imposed on procurement participants, such an auction is carried out on an electronic platform by its operator.

2. The customer is obliged to conduct an electronic auction if goods, works, services are purchased that are included in the list established by the Government of the Russian Federation, or in the additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when purchasing goods, works, services to meet the needs of the constituent entity of the Russian Federation. The inclusion of goods, works, and services in the specified lists is carried out if the following conditions are simultaneously met:

1) it is possible to formulate a detailed and accurate description of the procurement object;

2) the criteria for determining the winner of such an auction have a quantitative and monetary assessment.

3. The customer has the right to purchase goods, works, and services not included in the lists specified in part 2 of this article through an electronic auction.

4. For the purposes of this Federal Law, an electronic platform means a site on the Internet information and telecommunications network on which electronic auctions are held. The operator of an electronic platform is a legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital, or an individual entrepreneur, whose state registration is carried out on the territory of the Russian Federation, who own the electronic platform, the software and hardware necessary for its functioning and ensure the conduct of such auctions in accordance with the legislation of the Russian Federation on the contract system in the field of procurement. The Government of the Russian Federation establishes the procedure and conditions for selecting operators of electronic platforms. Based on the results of the selection of operators of electronic platforms, the Government of the Russian Federation determines a list of such operators. The functioning of electronic platforms is carried out in accordance with the uniform requirements established by the federal executive body for regulating the contract system in the field of procurement.

5. It is not allowed for the operator of an electronic platform to charge a fee for conducting an electronic auction.

6. It is not allowed to charge participants in an electronic auction fees for accreditation on the electronic site and for participation in such an auction, with the exception of fees collected from the person with whom the contract is concluded in accordance with the act of the Government of the Russian Federation provided for in Part 4 of this article and establishing the procedure and conditions for selecting operators of electronic platforms.

Article 60. Peculiarities of document flow during an electronic auction

1. The exchange of information related to obtaining accreditation on electronic platforms and conducting an electronic auction between a participant in such an auction, a customer, and an operator of an electronic platform is carried out on an electronic platform in the form of electronic documents.

2. Documents and information sent in the form of electronic documents by a participant in an electronic auction, a customer, must be signed with an enhanced electronic signature of a person who has the right to act on behalf of the participant in such an auction, the customer.

3. Documents and information sent in the form of electronic documents by the operator of the electronic site to the participant in the electronic auction, the customer, or posted by the operator of the electronic site on the electronic site and in the unified information system must be signed with an enhanced electronic signature of a person authorized to act on behalf of the operator of the electronic site.

4. Enhanced electronic signature keys, as well as certificates of electronic signature verification keys intended for use for the purposes of this article, must be created and issued in accordance with Part 2 of Article 5 of this Federal Law.

5. The procedure for using an enhanced electronic signature when exchanging information related to obtaining accreditation on an electronic platform and conducting an electronic auction, and the procedure for recognizing an electronic signature or its analogue created in accordance with the rules of law of a foreign state and (or) international standards and corresponding to the enhanced electronic signatures used for the purposes of this article are established by the uniform requirements provided for in Part 4 of Article 59 of this Federal Law.

6. Within one hour from the moment of posting information related to the conduct of an electronic auction in the unified information system and on the electronic platform, the specified information must be available for review in the unified information system and on the electronic platform without charging a fee.

7. Within one hour from the moment of posting in the unified information system a notice of refusal to hold an electronic auction, changes made to the notice of such an auction, documentation of such an auction, explanations of the provisions of the documentation of such an auction, the operator of the electronic site places the specified information on his website on the information and telecommunications network "Internet", and also sends a notice of the specified notices, changes, clarifications to all participants in such an auction who submitted applications for participation in it, a notification of the specified clarifications also to the person who sent a request for clarification of the provisions of the documentation on the conduct of such auction, to the email addresses specified by these participants during accreditation on the electronic platform or by this person when sending a request.

8. When the operator of an electronic site sends to the customer documents and information in the form of electronic documents received from a participant in an electronic auction, before summing up the results of such an auction, the operator of the electronic site is obliged to ensure the confidentiality of information about the participant in such an auction who sent these documents and information in the manner established by uniform requirements provided for in Part 4 of Article 59 of this Federal Law.

9. If this Federal Law provides for the sending of documents and information by the customer to a participant in an electronic auction or by this participant to the customer, the specified document flow is carried out through an electronic platform, with the exception of the case of concluding a contract based on the results of such an auction.

10. Documents and information related to the conduct of an electronic auction and received or sent by the operator of the electronic site in the form of an electronic document in accordance with this Federal Law are stored by the operator of the electronic site in accordance with the uniform requirements provided for in Part 4 of Article 59 of this Federal Law.

Article 61. Accreditation of participants in an electronic auction on an electronic platform

1. To ensure access to participation in electronic auctions, the operator of the electronic site accredits participants in such an auction.

2. To obtain accreditation, a participant in an electronic auction provides the operator of the electronic site with the following documents and information:

1) a statement from this participant about his accreditation on the electronic platform;

2) a copy of an extract from the Unified State Register of Legal Entities (for a legal entity), a copy of an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur), received no earlier than six months before the date of filing the application specified in paragraph 1 of this part, a copy of the document , identifying this participant (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 entity);

3) copies of the constituent documents of this participant (for a legal entity), a copy of his identity document (for an individual);

4) copies of documents confirming the authority of a person to obtain accreditation on behalf of this participant - a legal entity (decision on the appointment or election of a person to a position, according to which this person has the right to act on behalf of this participant without a power of attorney to obtain accreditation (hereinafter referred to as of this article - the manager). If another person acts on behalf of this participant, a power of attorney is also submitted to carry out the relevant actions on behalf of such participant, certified by his seal and signed by the head or his authorized person. If the specified power of attorney is signed by the person the authorized manager also provides a copy of the document confirming the authority of this person;

5) copies of documents confirming the authority of the manager. If another person acts on behalf of this participant, a power of attorney issued to an individual to carry out actions on behalf of this participant to participate in such auctions (including registration at such auctions), certified by his seal and signed by the head or authorized their face. If the specified power of attorney is signed by a person authorized by the manager, a copy of the document confirming the authority of this person is also provided;

6) the taxpayer identification number of this participant or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of this participant (for a foreign person);

7) the email address of this participant for the operator of the electronic platform to send notifications and other information in accordance with this chapter;

8) a decision on approval or execution of transactions based on the results of such auctions on behalf of this procurement participant - a legal entity, indicating information on the maximum amount of one transaction. If the requirement for the presence of this decision to complete a major transaction is established by the legislation of the Russian Federation and (or) the constituent documents of a legal entity, this decision is made in the manner established for making a decision on approval or execution of a major transaction. In other cases, this decision is made by a person authorized to obtain accreditation on behalf of this procurement participant - a legal entity.

3. It is not allowed to demand, along with the documents and information specified in part 2 of this article, the provision of other documents and information.

4. Within a period of no more than five working days from the date of receipt of the documents and information specified in part 2 of this article, the operator of the electronic site is obliged to accredit a participant in the electronic auction or refuse accreditation to this participant on the grounds provided for in part 6 of this article, as well as send him a notice of acceptance decision.

5. The notification provided for in Part 4 of this article must also contain information about the account details for carrying out operations to secure applications for participation in electronic auctions. The operator of an electronic site is obliged to provide a participant in such an auction accredited on the electronic site with access to participate in any such auctions held on this electronic site.

6. The operator of an electronic site is obliged to refuse accreditation to a participant in an electronic auction if he fails to provide the documents and information specified in Part 2 of this article, or provides documents that do not meet the requirements established by the legislation of the Russian Federation.

7. When the operator of an electronic site makes a decision to refuse accreditation of a participant in an electronic auction, the notification provided for in Part 4 of this article must also contain an indication of the grounds for making this decision, including an indication of the absence of documents and information or the non-compliance of documents and information with the requirements of the legislation of the Russian Federation . After eliminating these grounds, this participant has the right to again provide the documents and information specified in Part 2 of this article to obtain accreditation on the electronic platform.

8. Refusal to accredit a participant in an electronic auction on an electronic platform in other cases, except for the cases specified in part 6 of this article, is not allowed.

9. Accreditation of a participant in an electronic auction on an electronic site is carried out for a period of three years from the date the operator of the electronic site sends to this participant a notice of a decision on his accreditation on an electronic site.

10. In the event of changes to the documents and information specified in part 2 of this article, replacement or termination of the specified documents (including replacement or termination of the enhanced electronic signature) or the issuance by a participant of the electronic auction of new powers of attorney to carry out actions on his behalf to participate in In such auctions, this participant is obliged to immediately send to the operator of the electronic site new documents and information, a notice of termination of the documents specified in Part 2 of this article, and termination of the enhanced electronic signature.

11. Responsibility for the accuracy of documents and information provided in accordance with parts 2 and 10 of this article, including enhanced electronic signatures, and compliance of these documents and information with the requirements established by the legislation of the Russian Federation, for actions performed on the basis of these documents and information, for timely Notification of the operator of the electronic site about changes to documents and information provided in accordance with paragraph 2 of this article; replacement of the documents specified in part 2 of this article or termination of their validity (including replacement of an enhanced electronic signature or termination of its validity) is borne by the participant in the electronic auction who provided the specified documents and information.

12. Within one hour from the moment of receipt of the documents and information provided for in Part 10 of this article, the operator of the electronic site is obliged to ensure that the specified documents and information are posted on the electronic site or changes are made to the documents and information provided in accordance with paragraph 2 of this article, indicating the date and time of receipt of the specified documents and information. At the same time, the operator of the electronic platform does not verify the accuracy of the specified documents and information, as well as check the changes made to the documents and information for compliance with the requirements established by the legislation of the Russian Federation.

13. A participant in an electronic auction who has received accreditation on an electronic platform and has provided security for an application for participation in such an auction has the right to participate in all such auctions held on this electronic platform.

14. A participant in an electronic auction who has received accreditation on an electronic platform does not have the right to submit an application to participate in such an auction three months before the expiration date of his accreditation.

15. Three months before the expiration date of the accreditation of an electronic auction participant, the operator of the electronic site is obliged to send a corresponding notification to this participant. If this participant has received accreditation on an electronic platform, he has the right to undergo accreditation for a new term in the manner established by this article, no earlier than six months before the expiration date of the previously received accreditation.

Article 62. Register of electronic auction participants who have received accreditation on the electronic platform

1. The operator of the electronic site maintains a register of participants in the electronic auction who have received accreditation on the electronic site.

2. The register of participants in an electronic auction who have received accreditation on an electronic platform must contain the following documents and information in relation to each participant in such an auction:

1) the name of the participant in such an auction (for a legal entity), surname, name, patronymic (if any) of the participant in such an auction (for an individual);

2) the date of sending the notification to the participant of such an auction about the decision on his accreditation;

3) taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person);

4) a copy of an extract from the Unified State Register of Legal Entities (for a legal entity), a copy of an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur), received no earlier than six months before the date of the participant in such an auction applying for accreditation, copies of documents , identifying the participant in such an auction (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 foreign state (for a foreign entity);

5) copies of the constituent documents of a participant in such an auction (for a legal entity), copies of documents identifying the participant in such an auction (for an individual);

6) copies of documents confirming the authority of a person to obtain accreditation on an electronic platform on behalf of a participant in such an auction - a legal entity in accordance with paragraph 4 of part 2 of Article 61 of this Federal Law;

7) copies of documents confirming the authority of a person to carry out, on behalf of a participant in such an auction - a legal entity, actions to participate in such auctions (including registration at such auctions) in accordance with clause 5 of part 2 of Article 61 of this Federal Law;

8) a decision to approve or to carry out transactions based on the results of such auctions on behalf of a participant in such an auction - a legal entity, indicating information about the maximum amount of one transaction in accordance with clause 8 of part 2 of Article 61 of this Federal Law;

9) the date of termination of the accreditation of a participant in such an auction on the electronic platform.

3. The operator of the electronic site enters into the register of participants in the electronic auction who have received accreditation on the electronic site, documents and information provided in accordance with Part 2 of this article, on the day the decision is made to accredit the participant in such an auction on the electronic site.

4. If, in accordance with Part 10 of Article 61 of this Federal Law, documents and information are received from a participant in an electronic auction, including notices of termination of documents, an enhanced electronic signature, the operator of the electronic site, within one hour from the moment of receipt of the specified documents and information, places them in the register of participants in such an auction who have received accreditation on the electronic platform, indicating the date and time of receipt of the specified documents and information.

5. The register of electronic auction participants who have received accreditation on the electronic platform is posted on the electronic platform by its operator, with the exception of the documents provided for in paragraphs 4-7 of part 2 of this article.

6. The operator of the electronic site excludes the participant in the electronic auction from the register of participants in the electronic auction who have received accreditation on the electronic site within one working day from the date of expiration of the accreditation of this participant or the decision to exclude this participant from this register. The operator of the electronic platform is obliged to send this participant a notice of his exclusion from this register.

Article 63. Notice of an electronic auction

1. A notice of an electronic auction is placed by the customer in the unified information system.

2. If the initial (maximum) contract price (lot price) does not exceed three million rubles, the customer places a notice of an electronic auction in the unified information system at least seven days before the deadline for filing applications for participation in such an auction .

3. If the initial (maximum) contract price (lot price) exceeds three million rubles, the customer places a notice of an electronic auction in the unified information system at least fifteen days before the deadline for submitting applications for participation in such an auction.

4. The customer has the right to publish a notice of an electronic auction in any media or place this notice in electronic media, provided that such publication or such placement cannot be carried out instead of the placement provided for in part 1 of this article.

5. The notice of an electronic auction, along with the information specified in Article 42 of this Federal Law, indicates:

1) address of the electronic platform on the Internet information and telecommunications network;

2) the expiration date for consideration of applications for participation in such an auction in accordance with Part 2 of Article 67 of this Federal Law;

3) the date of such an auction in accordance with Part 3 of Article 68 of this Federal Law. If the date of such an auction falls on a non-working day, the day of such auction is postponed to the next working day;

4) account details for depositing funds as security for bids of participants in such an auction and the amount of security for these bids;

5) benefits provided by the customer in accordance with Articles 28-30 of this Federal Law;

6) requirements presented to participants in such an auction and an exhaustive list of documents that must be submitted by participants in such an auction in accordance with paragraphs 1 and 2 of Part 1 and Part 2 of Article 31 (if there are such requirements) of this Federal Law;

7) conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons.

6. The customer has the right to decide to make changes to the notice of an electronic auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object during such an auction is not allowed. Within one day from the date of this decision, the customer places the specified changes in the unified information system. In this case, the deadline for filing applications for participation in such an auction must be extended in such a way that from the date of posting the changes made to the notice of such an auction until the expiration date for filing applications for participation in such an auction, this period is at least seven days.

Article 64. Contents of documentation on an electronic auction

1. Documentation about an electronic auction, along with the information specified in the notice of such an auction, must contain the following information:

1) name and description of the procurement object and terms of the contract in accordance with Article 33 of this Federal Law, including justification for the initial (maximum) contract price;

2) requirements for the content and composition of an application for participation in such an auction in accordance with parts 3-6 of Article 66 of this Federal Law and instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in such an auction or restricting access to participation in such an auction;

3) the date and time of the deadline for filing applications for participation in such an auction;

4) the expiration date for consideration of applications for participation in such an auction in accordance with Part 2 of Article 67 of this Federal Law;

5) the date of such an auction in accordance with Part 3 of Article 68 of this Federal Law;

6) information about the currency used to formulate the contract price and settlements with suppliers (contractors, performers);

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

8) the amount of security for the execution of the contract, the period and procedure for providing the specified security, requirements for security for the execution of the contract;

9) the customer’s ability to change the terms of the contract in accordance with the provisions of this Federal Law;

10) information about the contract service, the contract manager, those responsible for concluding the contract, the period during which the winner of such an auction or another participant with whom a contract is concluded if the winner of such an auction evades concluding a contract must sign the contract, the conditions for recognizing the winner of such an auction or another participant in such an auction who evaded concluding a contract;

11) the procedure, start and end dates for providing participants of such an auction with explanations of the provisions of the documentation about such an auction;

12) information about the possibility of unilateral refusal to fulfill the contract in accordance with the provisions of parts 8-26 of Article 95 of this Federal Law.

2. Documentation about an electronic auction cannot contain requirements for the design and form of an application for participation in such an auction.

3. The documentation about the electronic auction, along with the information provided for in Part 1 of this article, contains the requirements for participants in such an auction established in accordance with parts 1 and 2 of Article 31 (if there are such requirements) of this Federal Law.

4. The electronic auction documentation is accompanied by a draft contract, which is an integral part of this documentation.

Article 65. The procedure for providing documentation on an electronic auction, explaining its provisions and making changes to it

1. In the case of an electronic auction, the customer places documentation about such an auction in the unified information system within the time limits specified in parts 2 and 3 of Article 63 of this Federal Law, simultaneously with the placement of a notice of such an auction.

2. Documentation about the electronic auction must be available for review without charging a fee.

3. Any participant in an electronic auction who has received accreditation on an electronic platform has the right to send to the address of the electronic platform where such an auction is planned to be held, a request for clarification of the provisions of the documentation about such an auction. In this case, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the specified request, it is sent by the operator of the electronic platform to the customer.

4. Within two days from the date of receipt from the operator of the electronic site of the request specified in part 3 of this article, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from which the specified request was received, if provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in such an auction.

5. Explanations of the provisions of the electronic auction documentation should not change its essence.

6. The customer, on his own initiative or in accordance with a request for clarification of the provisions of the documentation on an electronic auction, has the right to decide to make changes to the documentation on such an auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object and increasing the amount of security for these applications is not allowed. Within one day from the date of adoption of this decision, changes made to the documentation of such an auction are posted by the customer in a unified information system. In this case, the deadline for filing applications for participation in such an auction must be extended so that from the date of posting the changes to the expiration date for filing applications for participation in such an auction, this period is at least seven days.

Article 66. Procedure for filing applications for participation in an electronic auction

1. Submission of applications for participation in the electronic auction is carried out only by persons who have received accreditation on the electronic platform.

2. The application for participation in the electronic auction consists of two parts.

3. The first part of the application for participation in the electronic auction must contain the information specified in one of the following subparagraphs:

1) when concluding a contract for the supply of goods:

a) consent of a participant in such an auction to supply goods if this participant offers for delivery goods in respect of which the documentation about such an auction contains an indication of a trademark (its verbal designation), service mark, trade name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods, and (or) such a participant offers for delivery goods that are equivalent to the goods specified in this documentation, specific indicators of the goods corresponding to the equivalence values ​​​​established by this documentation;

b) specific indicators corresponding to the values ​​​​established by the documentation of such an auction, and an indication of the trademark (its verbal designation), service mark, company name, patents, utility models, industrial designs, name of the place of origin of the goods or the name of the manufacturer of the goods offered for delivery provided that this documentation does not contain any indication of a trademark, service mark, company name, patents, utility models, industrial designs, appellation of origin or name of the manufacturer;

2) consent of a participant in such an auction to perform work or provide a service on the terms provided for in the documentation of such an auction, when such an auction is held to perform work or provide a service;

3) when concluding a contract to perform work or provide a service, for the performance or provision of which goods are used:

a) the consent provided for in paragraph 2 of this part, including consent to the use of goods in respect of which the documentation for such an auction contains an indication of a trademark (its verbal designation), service mark, brand name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods, or the consent provided for in paragraph 2 of this part, an indication of the trademark (its verbal designation), service mark, trade name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods and, if a participant in such an auction offers for use a product that is equivalent to the product specified in this documentation, specific indicators of the product corresponding to the equivalence values ​​​​established by this documentation, provided that it contains an indication of the trademark (its verbal designation), service mark, proprietary name, patents, utility models, industrial designs, name of the place of origin of the goods or the name of the manufacturer of the goods, as well as the requirement to indicate in the application for participation in such an auction a trademark (its verbal designation), service mark, company name, patents, useful models, industrial designs, appellation of origin of the goods or name of the manufacturer of the goods;

b) consent provided for in paragraph 2 of this part, as well as specific indicators of the goods used, corresponding to the values ​​​​established by the documentation for such an auction, and an indication of the trademark (its verbal designation), service mark, brand name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods, provided that this documentation does not contain any indication of a trademark, service mark, trade name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods.

4. The first part of the application for participation in an electronic auction, provided for in Part 3 of this article, may contain a sketch, drawing, drawing, photograph, or other image of the goods for the supply of which a contract is concluded.

5. The second part of the application for participation in the electronic auction must contain the following documents and information:

1) name, company name (if available), location, postal address (for a legal entity), last name, first name, patronymic (if available), passport details, place of residence (for an individual), contact telephone number, taxpayer identification number a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person);

2) documents confirming the compliance of a participant in such an auction with the requirements established by clauses 1 and 2 of part 1 and part 2 of Article 31 (if there are such requirements) of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established by clauses 3-8 of part 1 Article 31 of this Federal Law;

3) 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, in accordance with the legislation of the Russian Federation, requirements for the goods, work or service are established and the submission of these documents is provided for by the electronic auction documentation;

4) a decision on approval or on the completion of a major transaction or a copy of this decision if the requirement for the need for this decision to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such auction, the contract concluded or the provision of security for an application for participation in such an auction, security for the execution of the contract is a major transaction;

5) documents confirming the right of a participant in such an auction to receive benefits in accordance with Articles 28-30 of this Federal Law, or copies of these documents;

6) documents confirming the compliance of the participant in such an auction and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents.

6. It is not allowed to require a participant in an electronic auction to provide other documents and information, with the exception of the documents and information provided for in parts 3 and 5 of this article.

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

8. An application for participation in an electronic auction is sent by a participant in such an auction to the operator of the electronic site in the form of two electronic documents containing parts of the application provided for in parts 3 and 5 of this article. The specified electronic documents are submitted simultaneously.

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

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction in relation to each procurement item.

11. Within one hour from the moment of receiving an application for participation in an electronic auction, the operator of the electronic site returns this application to the participant of such an auction who submitted it in the event of:

1) filing this application in violation of the requirements provided for in Part 2 of Article 60 of this Federal Law;

2) submission by one participant of such an auction of two or more applications for participation in it, provided that the previously submitted applications by this participant have not been 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 filing applications for participation in such an 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 this Federal Law;

5) the absence on the personal account opened for conducting operations to secure 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 the blocking has not been carried out in accordance with this Federal Law.

12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 11 of this article, the operator of the electronic site is obliged to notify in the form of an electronic document the participant in such an auction who submitted this application about the grounds for its return, indicating the provisions of this Federal Law that were violated. Return of applications for participation in such an auction by the operator of the electronic platform for other reasons is not allowed.

13. No later than the business day following the deadline for submitting 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 in Part 3 of this article.

14. A participant in an electronic auction who has submitted an application to participate in such an auction has the right to withdraw this application no later than the deadline for filing applications for participation in such an auction by sending a notice to the operator of the electronic site.

15. The operator of the electronic site is obliged to ensure the confidentiality of information about the participants of 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 this article, before posting the protocol of such an auction on the electronic site . For violation of this requirement, the operator of the electronic platform is liable in accordance with the legislation of the Russian Federation.

16. If, after the deadline for submitting applications for participation in an electronic auction, only one application is submitted or no applications are submitted, such an auction is considered invalid.

Article 67. Procedure for considering the first parts of applications for participation in an electronic auction

1. The auction commission checks the first parts of applications for participation in an electronic auction, containing the information provided for in Part 3 of Article 66 of this Federal Law, for compliance with the requirements established by the documentation of such an auction in relation to the purchased goods, works, and services.

2. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for filing these applications.

3. Based on the results of consideration of the first parts of applications for participation in an electronic auction, containing the information provided for in Part 3 of Article 66 of this Federal Law, the auction commission makes a decision on the admission of the procurement participant who submitted an application to participate in such an auction to participate in it and the recognition of this participant procurement by a participant in such an auction or refusal of admission to participate in such an auction in the manner and on the grounds provided for in Part 4 of this article.

4. A participant in an electronic auction is not allowed to participate in it in the following cases:

1) failure to provide information provided for in Part 3 of Article 66 of this Federal Law, or provision of false information;

2) non-compliance of the information provided for in Part 3 of Article 66 of this Federal Law with the requirements of the documentation about such an auction.

5. Refusal of admission to participate in an electronic auction on grounds not provided for in Part 4 of this article is not permitted.

6. Based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission draws up a protocol for considering applications for participation in such an auction, signed by all its members present at the meeting of the auction commission no later than the expiration date for consideration of these applications. The specified protocol must contain information:

1) about the serial numbers of applications for participation in such an auction;

2) on the admission of a procurement participant who has submitted an application to participate in such an auction, which is assigned the corresponding serial number, to participate in such an auction and recognition of this procurement participant as a participant in such an auction or on refusal of admission to participate in such an auction with justification for this decision, in including indicating the provisions of the documentation about such an auction, which the application for participation in it does not meet, the provisions of the application for participation in such an auction, which do not meet the requirements established by the documentation about it;

3) on the decision of each member of the auction commission in relation to each participant in such an auction on admission to participation in it and on recognition of him as a participant or on refusal of admission to participation in such an auction.

7. The protocol specified in part 6 of this article, no later than the expiration date for consideration of applications for participation in the electronic auction, is sent by the customer to the operator of the electronic site and is posted in the unified information system.

8. If, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction to all procurement participants who submitted applications to participate in it, or to recognize only one procurement participant who submitted application for participation in such an auction by its participant, such auction is declared invalid. The protocol specified in part 6 of this article contains information about declaring such an auction invalid.

9. Within one hour from the moment the operator of the electronic site receives the protocol specified in part 6 of this article, the operator of the electronic site is obliged to send to each participant in the electronic auction who submitted an application to participate in it, or to the participant in such an auction who submitted a single application to participate in it, a notice of decision taken regarding the applications they submitted. If the auction commission makes a decision to refuse admission to participation in such an auction of its participant, the notification of this decision must contain the rationale for its adoption, including indicating the provisions of the documentation about such an auction, which this application does not comply with, the proposals contained in this application, which do not comply with the requirements of the documentation for such an auction, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, the violation of which served as the basis for this decision to refuse.

Article 68. Procedure for conducting an electronic auction

1. Only participants accredited in accordance with this paragraph and admitted to participate in such an auction may participate in an electronic auction.

2. An electronic auction is held on an electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the customer is located.

3. The day of an electronic auction is the working day following the expiration of two days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction.

4. An electronic auction is conducted by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner established by this article.

5. If the documentation for an electronic auction indicates the total initial (maximum) price of spare parts for machinery, equipment, or in the case provided for in paragraph 2 of Article 42 of this Federal Law, the initial (maximum) price of a unit of goods, work or service, such an auction is held by reducing the specified the general initial (maximum) price and the initial (maximum) price in the manner established by this article.

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.

7. When conducting an electronic auction, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.

8. When conducting an electronic auction, any participant also has the right to submit a proposal for the contract price regardless of the “auction step”, subject to compliance with the requirements provided for in part 9 of this article.

9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:

1) a participant in such an auction does not have the right to submit a contract price proposal that is equal to or greater than the contract price proposal previously submitted by this participant, as well as a contract price proposal equal to zero;

2) a participant in such an auction does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;

3) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price if it is submitted by such a participant in an electronic auction.

10. From the start of the electronic auction on the electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically, using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.

12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account the requirements provided for in paragraphs 1 and 3 Part 9 of this article.

13. The operator of an electronic site is obliged to ensure the confidentiality of information about its participants when conducting an electronic auction.

14. During an electronic auction, the operator of the electronic site is obliged to reject proposals for the contract price that do not meet the requirements provided for in this article.

15. Rejection by the operator of the electronic platform of proposals for the contract price on grounds not provided for in part 14 of this article is not allowed.

16. If a participant in an electronic auction offers a contract price equal to the price offered by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.

17. In the event of an electronic auction being held in accordance with Part 5 of this article, the participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) maintenance services and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the serial numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.

19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in accordance with the happiness 18 of this article received the first ten serial numbers, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as the documents of these participants provided for in paragraphs 2-6 and 8 of part 2 of the article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of its participants who have received accreditation on the electronic platform. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

20. If, within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with paragraph 7 of this article, such an auction is considered invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

21. Any participant in an electronic auction, after posting the protocol specified in Part 18 of this article on the electronic platform and in the unified information system, has the right to send to the operator of the electronic platform a request for clarification of the results of such an auction. The operator of the electronic platform is obliged to provide this participant with appropriate explanations within two working days from the date of receipt of this request.

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the functioning of the software and hardware used to conduct it, equal access of its participants to participate in it, as well as the implementation of the actions provided for in this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision on approval or on the completion of transactions on behalf of the procurement participant as a result of such an auction, which is contained in the register of participants in such an auction who have received accreditation on electronic site;

3) the amount of contract performance security is calculated based on the initial (maximum) contract price specified in the notice of such an auction.

Article 69. Procedure for considering the second parts of applications for participation in an electronic auction

1. The auction commission reviews the second parts of applications for participation in an electronic auction and documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

2. Based on the results of consideration of the second parts of applications for participation in an electronic auction, the auction commission makes a decision on the compliance or non-compliance of an application for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for in this article. To make this decision, the auction commission considers information about the participant in such an auction who submitted this application, contained in the register of participants in such an auction who have received accreditation on the electronic platform.

3. The auction commission reviews the second parts of applications for participation in the electronic auction, sent in accordance with Article 68, Article 68 of this Federal Law, before making a decision on the compliance of five such applications with the requirements established by the documentation for such an auction. If less than ten participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction submitted by the participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with Article 18, Article 68 of this Federal Law.

4. If, in accordance with Part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction have not been identified, out of ten applications for participation in it, previously sent to the customer based on the ranking results, within one hour from the moment the corresponding notification is received from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these applications, ranked in accordance with Article 68, Article 68 of this Federal Law, in order to identify five applications for participation in such an auction that meet the requirements established by the documentation about it.

5. The total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed three working days from the date of posting the protocol of the electronic auction on the electronic platform.

6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction in the following cases:

1) failure to provide documents and information that are provided for in paragraphs 1,3-5,7 and 8 of part 2 of Article 62, parts 3 and 5 of Article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation about such an auction, the presence in these documents of unreliable information about the participant of such an auction auction on the date and time of the deadline for filing applications for participation in such an auction;

2) non-compliance of a participant in such an auction with the requirements established in accordance with Article 31 of this Federal Law.

7. Making a decision on the non-compliance of an application for participation in an electronic auction with the requirements established by the documentation for such an auction on grounds not provided for in part 6 of this article is not allowed.

8. The results of consideration of applications for participation in an electronic auction are recorded in the protocol for summing up the results of such an auction, which is signed by all members of the auction commission participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in unified information system. The specified protocol must contain information about the serial numbers of five applications for participation in such an auction (in the event of a decision being made that five applications for participation in such an auction comply with the requirements established by the documentation for such an auction, or in the event of acceptance by the auction commission based on consideration of the second parts of applications for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Article 68 of this Federal Law and in respect of which a decision has been made on compliance with the requirements established by the documentation for such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision has been made on compliance with the established requirements of more than one application to participate in such an auction, but less than five of these applications, as well as information about their serial numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal laws that a participant in such an auction does not comply with, provisions of the documentation about such an auction that the application for participation in it does not comply with, provisions of the application for participation in such an auction that do not meet the requirements established by the documentation about it, information about the decision of each member of the auction commission in regarding each application for participation in such an auction.

9. Any participant in an electronic auction, with the exception of its participants, whose applications for participation in such an auction received the first three serial numbers in accordance with the protocol for summing up the results of such an auction, has the right to withdraw an application for participation in such an auction by sending a notification about this to the operator of the electronic site, from the moment of publication of the said protocol.

10. The participant in the electronic auction who offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about it is recognized as the winner of such an auction.

11. In the case provided for in Part 23 of Article 68 of this Federal Law, the winner of the electronic auction is the participant who offered the highest price for the right to conclude a contract and whose application for participation in such an auction meets the requirements established by the documentation for such an auction.

12. Within one hour from the moment of posting on the electronic platform and in the unified information system the protocol for summing up the results of the electronic auction, the operator of the electronic platform sends to the participants of such an auction, the second parts of whose applications for participation in it were considered and in respect of which applications for participation in such an auction were accepted decision on compliance or non-compliance with the requirements established by the documentation for such an auction, notifications of decisions made.

13. If the auction commission decides that all second parts of applications for participation in it do not comply with the requirements established by the documentation for the electronic auction, or that only one second part of the application for participation in it meets the specified requirements, such an auction is considered invalid.

Article 70. Conclusion of a contract based on the results of an electronic auction

1. Based on the results of an electronic auction, a contract is concluded with the winner of such an auction, and in cases provided for by this article, with another participant in such an auction, whose application for participation in such an auction in accordance with Article 69 of this Federal Law is recognized as meeting the requirements established by the documentation for such an auction .

2. Within five days from the date of placement in the unified information system of the protocol specified in Part 8 of Article 69 of this Federal Law, the customer places in the unified information system without his signature a draft contract, which is drawn up by including the contract price proposed by the participant in the electronic auction with whom the contract is concluded, information about the product (trademark and (or) specific indicators of the product), specified in the application for participation in such an auction of its participant, in the draft contract attached to the documentation about such an auction.

3. Within five days from the date the customer places a draft contract in the unified information system, the winner of the electronic auction places in the unified information system a draft contract signed by a person entitled to act on behalf of the winner of such an auction, as well as a document confirming the provision of security for the execution of the contract and signed enhanced electronic signature of the specified person. If, during such an auction, the contract price is reduced by twenty-five percent or more from the initial (maximum) contract price, the winner of such auction provides security for the execution of the contract in accordance with paragraph 1 of Article 37 of this Federal Law, security for the execution of the contract or information provided for in Part 2 of the article 37 of this Federal Law, as well as justification of the contract price in accordance with Article 37 of this Federal Law when concluding a contract for the supply of goods necessary for normal life support (food, emergency supplies, including specialized emergency medical care provided in an emergency or urgent form , medicines, fuel).

4. The winner of the electronic auction with whom the contract is concluded, in the event of disagreements regarding the draft contract posted in accordance with paragraph 2 of this article, places in the unified information system a protocol of disagreements signed with an enhanced electronic signature of the person entitled to act on behalf of the winner of such an auction. In this case, the winner of such an auction, with whom the contract is concluded, indicates in the protocol of disagreements comments on the provisions of the draft contract that do not correspond to the notice of such an auction, the documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

5. Within three working days from the date of posting by the winner of the electronic auction in the unified information system, in accordance with paragraph 4 of this article of the protocol of disagreements, the customer reviews the protocol of disagreements and, without his signature, places the revised draft contract in the unified information system or re-posts the draft contract in the unified information system with indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments of the winner of such an auction contained in the protocol of disagreements. At the same time, posting in a unified information system by the customer a draft contract indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments of the winner of such an auction contained in the protocol of disagreements, is permitted provided that the winner of such an auction has posted the protocol of disagreements in the unified information system in accordance with paragraph 4 of this article. later than within thirteen days from the date of posting in the unified information system of the protocol specified in Part 8 of Article 69 of this Federal Law.

6. Within three working days from the date the customer places in the unified information system the documents provided for in Part 5 of this article, the winner of the electronic auction places in the unified information system a draft contract signed with an enhanced electronic signature of the person entitled to act on behalf of the winner of such an auction, as well as a document confirming the provision of security for the execution of a contract and signed with an enhanced electronic signature of the specified person, or a protocol of disagreements provided for in Part 4 of this article.

7. Within three working days from the date of posting in the unified information system a draft contract signed with an enhanced electronic signature of a person entitled to act on behalf of the winner of an electronic auction, and provision by such winner of security for the execution of the contract, the customer is obliged to place a contract signed with an enhanced electronic signature of the person, having the right to act on behalf of the customer in a unified information system.

8. From the moment the contract provided for in part 7 of this article is posted in the unified information system and signed by the customer, it is considered concluded.

9. The contract can be concluded no earlier than ten days from the date of posting the protocol for summing up the results of the electronic auction in the unified information system.

10. The contract is concluded on the terms specified in the notice of an electronic auction and documentation about such an auction, at the price offered by its winner.

11. Funds deposited as security for an application for participation in an electronic auction are returned to the winner of such an auction within the time limits established by Part 6 of Article 44 of this Federal Law.

12. In the case provided for by Part 23 of Article 68 of this Federal Law, the contract is concluded only after depositing funds in the amount of the price offered by such participant for the right to conclude a contract, as well as the provision of security for the execution of the contract.

13. The winner of an electronic auction is recognized as having evaded concluding a contract if, within the time period provided for by this article, he did not send to the customer a draft contract signed by a person entitled to act on behalf of the winner of such an auction, or sent a protocol of disagreements provided for in part 4 of this article, after thirteen days from the date of publication in the unified information system of the protocol specified in Part 8 of Article 69 of this Federal Law, or has not fulfilled the requirements provided for in Article 37 of this Federal Law (in the event that during such an auction the contract price is reduced by twenty-five percent or more from the initial (maximum ) contract prices).

14. If the winner of an electronic auction is recognized as having evaded concluding a contract, the customer has the right to go to court with a claim for compensation for losses caused by evading concluding a contract in the part not covered by the amount of security for the application for participation in the competition, and to conclude a contract with the participant of such an auction that offered the same contract price as the winner of such an auction or whose contract price proposal contains the best conditions for the contract price, following the conditions proposed by the winner of such an auction. If this participant agrees to conclude a contract, this participant is recognized as the winner of such an auction and the draft contract attached to the auction documentation is drawn up by the customer by including in the draft contract the terms of its execution proposed by this participant. The draft contract must be sent by the customer to this participant within a period not exceeding ten days from the date the winner of such an auction is recognized as having evaded concluding a contract.

15. A participant in an electronic auction, recognized as the winner of such an auction in accordance with part 14 of this article, has the right to sign a contract and transfer it to the customer in the manner and within the time limits provided for by part 3 of this article, or refuse to enter into a contract. Simultaneously with the signed copy of the contract, the winner of such an auction is obliged to provide security for the execution of the contract, and in the case provided for by Part 23 of Article 68 of this Federal Law, is also obliged to deposit funds in the amount of the price offered by this winner for the right to conclude a contract. If this winner avoids concluding a contract, such auction is considered invalid.

16. If there are judicial acts adopted by a court or arbitration court or the occurrence of force majeure circumstances that prevent one of the parties from signing a contract within the time limits established by this article, this party is obliged to notify the other party of the existence of these judicial acts or these circumstances within one day. In this case, the period established by this article is suspended for the period of execution of these judicial acts or the duration of these circumstances, but not more than for thirty days. In case of cancellation, amendment or execution of these judicial acts or termination of these circumstances, the relevant party is obliged to notify the other party about this no later than the day following the day of cancellation, amendment or execution of these judicial acts or termination of these circumstances.

Article 71. Consequences of declaring an electronic auction invalid

1. If an electronic auction is declared invalid on the grounds provided for in Part 16 of Article 66 of this Federal Law due to the fact that after the deadline for filing applications for participation in such an auction, only one application for participation in it has been submitted:

1) the operator of the electronic site, no later than the business day following the deadline for filing applications for participation in such an auction, sends to the customer both parts of this application, as well as the documents of the participant in such an auction that submitted it, provided for in paragraphs 2-6 and 8 of part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform;

2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send a notice to the participant in such an auction who submitted a single application for participation in such an auction;

3) the auction commission, within three working days from the date of receipt of the only application for participation in such an auction and the documents specified in paragraph 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and the documentation for such an auction and sends it to the electronic operator site, a protocol for considering a single application for participation in such an auction, signed by members of the auction commission. The specified protocol must contain the following information:

a) a decision on the compliance of a participant in such an auction who submitted a single application for participation in such an auction, and the application submitted by him, with the requirements of this Federal Law and documentation on such an auction, or on the non-compliance of this participant and his submitted application with the requirements of this Federal Law and (or) documentation on such auction with the rationale for this decision, including indicating the provisions of this Federal Law and (or) documentation about such an auction, which the only application for participation in such an auction does not comply with;

b) the decision of each member of the auction commission on the compliance of the participant in such an auction and the application submitted by him with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of the specified participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and (or) documentation on such auction;

4) the contract is concluded with a participant in such an auction who submitted a single application to participate in it, if this participant and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation on such an auction, in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law.

2. If an electronic auction is declared invalid on the grounds provided for in Part 8 of Article 67 of this Federal Law due to the fact that the auction commission decided to recognize only one procurement participant who submitted an application to participate in such an auction as its participant:

1) the operator of the electronic site, within one hour after posting on the electronic site the protocol specified in Part 6 of Article 67 of this Federal Law, is obliged to send to the customer the second part of the application for participation in such an auction submitted by this participant, as well as the documents of this participant provided for in paragraphs 2-6 and 8 Part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform;

2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send a notice to the only participant in such an auction;

3) the auction commission, within three working days from the date the customer receives the second part of this application of the only participant in such an auction and the documents specified in paragraph 1 of this part, considers this application and the specified documents for compliance with the requirements of this Federal Law and documentation about such an auction and sends to the operator of the electronic platform, a protocol for considering the application of the only participant in such an auction, signed by members of the auction commission. The specified protocol must contain the following information:

a) a decision on the compliance of the only participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of this participant and this application with the requirements of this Federal Law and (or) documentation on such an auction with the rationale for this decision , including indicating the provisions of this Federal Law and (or) documentation about such an auction, which this application does not comply with;

b) the decision of each member of the auction commission on the compliance of the only participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of this participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and ( or) documentation about such auction;

4) a contract with the only participant in such an auction, if this participant and the application submitted by him for participation in such an auction are recognized as complying with the requirements of this Federal Law and the documentation on such an auction, is concluded in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law.

3. If an electronic auction is declared invalid on the grounds provided for in Part 20 of Article 68 of this Federal Law due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price:

1) the operator of the electronic site, within one hour after posting on the electronic site the protocol specified in Part 20 of Article 68 of this Federal Law, is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, as well as documents of participants in such an auction, provided for in paragraphs 2-6 and 8 of part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform;

2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send notifications to the participants of such an auction;

3) the auction commission, within three working days from the date the customer receives the second parts of applications for participation in such an auction of its participants and the documents specified in paragraph 1 of this part, considers the second parts of these applications and these documents for compliance with the requirements of this Federal Law and documentation on such auction and sends to the operator of the electronic platform a protocol for summing up the results of such an auction, signed by members of the auction commission. The specified protocol must contain the following information:

a) a decision on the compliance of the participants in such an auction and the applications submitted by them for participation in it with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and these applications with the requirements of this Federal Law and (or) documentation on such an auction with the rationale for this decision , including indicating the provisions of the documentation about such an auction, which do not correspond to the application data, the content of these applications, which does not comply with the requirements of the documentation about such an auction;

b) the decision of each member of the auction commission on the compliance of the participants in such an auction and the applications they submitted for participation in such an auction with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and the applications they submitted with the requirements of this Federal Law and (or) documentation on such an auction;

4) the contract is concluded in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law, with a participant in such an auction, the application for participation in which was submitted:

a) earlier than other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of this Federal Law and the documentation on such an auction;

b) the only participant in such an auction, if only one participant in such an auction and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation on such an auction.

4. In the event that an electronic auction is declared invalid on the grounds provided for in Part 16 of Article 66 and Part 8 of Article 67 of this Federal Law due to the fact that after the deadline for filing applications for participation in such an auction, not a single application for participation in it has been submitted or Based on the results of consideration of the first parts of applications for participation in such an auction, the auction commission decided to refuse admission to participation in it of all its participants who submitted applications for participation in such an auction, the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out 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 procurement object cannot be changed) or in another way in accordance with this Federal Law.

On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the issue of applying the Decree of the Government of the Russian Federation of February 4, 2015 N 99 “On the establishment of additional requirements for participants in the procurement of certain types of goods, works, ...

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

FEDERAL ANTI-MONOPOLY SERVICE

LETTER

On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the issue of applying the Decree of the Government of the Russian Federation of February 4, 2015 N 99 “On the establishment of additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers) with the required level of qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements "

The document takes into account:
(left unchanged by the ruling of the Appeals Board of the Supreme Court of the Russian Federation dated November 29, 2016 N APL16-490).
____________________________________________________________________

In connection with incoming questions about the application of the provisions of the Government of the Russian Federation of February 4, 2015 N 99 “On the establishment of additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services that due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, only suppliers (contractors, performers) with the required level of qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements, are able to supply, perform, or provide services" (hereinafter - Resolution No. 99), adopted to implement the provisions of Part 2 of Article 31 and Part 2 of Article 56 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” ( hereinafter referred to as Law No. 44-FZ), the Ministry of Economic Development of Russia and the FAS Russia report the following.

Additional requirements for participants in the procurement of certain types of goods, works, services, the procurement of which is carried out through tenders with limited participation, two-stage tenders, closed tenders with limited participation, closed two-stage tenders or auctions, provided for by Part 2 of Article 31 of Law No. 44-FZ, are established V .

Appendix No. 2 to Resolution No. 99 defines the cases provided for in Part 2 of Article 56 of Law No. 44-FZ of classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, are innovative, high-tech or specialized nature, only suppliers (contractors, performers) who have the required level of qualifications are able to supply, perform, provide, in which the customer purchases through a competition with limited participation, as well as additional requirements for procurement participants through a competition with limited participation.

Part 4 of Article 31 of Law No. 44-FZ provides for the customer’s obligation to establish the specified additional requirements for procurement participants.

It should be noted that Resolution No. 99 does not establish requirements for the customer’s choice of a method for determining a supplier (contractor, performer) for the procurement of goods, works, and services specified in Appendices No. 1 and No. 2, since the method is determined by the customer in accordance with Part 5 of Article 24 of the Law N 44-ФЗ.

Considering that Part 2 of Article 24 of Law No. 44-FZ provides for such types of auction as an electronic auction and a closed auction, additional requirements, in accordance with Appendix No. 1 to Resolution No. 99, are established for participants in a procurement carried out through a closed auction, and auctions in electronic form.

1. When purchasing construction work, you must be guided by the following.

1.1. Additional requirements for participants in the procurement of construction works are established in paragraph 2, as well as in paragraph 5. In this case, the requirements for participants in such a procurement are established by the customer in the procurement documentation depending on the object of the procurement, the size of the initial (maximum) contract price and the method of determining the supplier (contractor, performer).

The appendix to this letter contains a table of ways to identify suppliers (contractors, performers) and establish additional requirements when purchasing construction work.

1.2. An additional requirement for participants in the procurement of construction works specified in paragraph 2 of Appendix No. 1, as well as in paragraph 5 of Appendix No. 2 to Resolution No. 99, is the presence of experience in the execution of a contract (agreement) worth at least 20 percent of the initial (maximum) price of the contract, agreement (lot prices), for the right to conclude which the purchase is carried out. To confirm compliance with this requirement, the participant submits, as part of the application for participation in the procurement, copies of the contract, the certificate of completion of work, and permission to put the facility into operation (except for the cases specified in Resolution No. 99).

An application for participation in the procurement, in accordance with the provisions of Resolution No. 99, may contain copies of several contracts, certificates of completion of work, permits to put a facility into operation in relation to several facilities.

However, it is mandatory that the bid of procurement participants include at least one contract (agreement) worth at least 20 percent of the initial (maximum) price of the contract, contract (lot price), for the right to conclude which the procurement is being carried out, in relation to one object. The presence of such a contract, as well as a certificate of completion of work and permission to put the facility into operation (except for the cases specified in Resolution No. 99) is a condition for admission to participation in the relevant procurement.

1.3. According to the note to paragraph 2 of Appendix No. 1 to Resolution No. 99, experience in executing a contract for the performance of work related to the same group of construction works for which the contract is concluded is required. The following groups of construction works are used:

construction, reconstruction and overhaul of capital construction projects;

work on the construction, reconstruction and major repairs of objects that are not capital construction objects (temporary buildings, kiosks, sheds and other similar buildings).

Thus, when making a purchase for construction work specified in paragraph 2 of Appendix No. 1 to Resolution No. 99 (including for routine repairs), the procurement participant is recognized as meeting additional requirements if the following conditions are met:

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Paragraph four of subclause 1.3 of clause 1 of this letter was declared invalid from the date the court decision entered into legal force in the part of the words “(including for routine repairs)” - decision of the Supreme Court of the Russian Federation dated August 22, 2016 N AKPI16-574.
The decision was left unchanged - ruling of the Appeal Board of the Supreme Court of the Russian Federation dated November 29, 2016 N APL16-490.
____________________________________________________________________

The procurement participant has submitted confirmation of the execution of one contract over the past three years for the performance of exclusively construction and (or) reconstruction and (or) major repairs. At the same time, confirmation of experience in fulfilling a contract (agreement) by performing other construction work (for example, routine repairs) is not allowed;

the procurement participant has confirmed experience in performing construction work on one construction project, a similar object, the execution of construction work on which is the subject of the procurement, namely: in the case of procurement of construction work on a capital construction project, confirmation of experience will be the performance of construction work on a capital construction project ; in the case of procurement of construction work on a facility that is not a capital construction project - performance of construction work on a facility that is not a capital construction project.

Clause 6 of Part 5 of Article 63, Part 3 of Article 64 of Law N 44-FZ, establishes in the notice of procurement, procurement documentation a group of works, the presence of a contract for the implementation of which is required to confirm by procurement participants compliance with the requirements of paragraph 2 of Appendix No. 1 to Resolution N 99.

1.4. An additional requirement for participants in the procurement of construction works specified in paragraph 5 of Appendix No. 2 to Resolution No. 99 is the presence of experience in the execution (taking into account succession) of a contract for the performance of relevant work on construction, reconstruction, major repairs of particularly dangerous, technically complex capital construction projects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance, for the last three years before the date of filing an application for participation in the relevant competition.

Thus, when purchasing construction work for any of the specified objects, procurement participants are required to have experience in performing construction work for any of the objects specified in this paragraph (a particularly dangerous, technically complex capital construction project or artificial road structure). When purchasing reconstruction work - a requirement for having experience in performing work on reconstruction of any of the objects specified in this paragraph, and in the case of purchasing work for major repairs - a requirement for having experience in performing work for major repairs of any of the objects specified in this paragraph.

In this case, the customer, in accordance with , establishes in the procurement notice and procurement documentation the type of work corresponding to the procurement object, the presence of a contract for the implementation of which is required for procurement participants to confirm compliance with the requirements of paragraph 5 of Appendix No. 1 to Resolution No. 99.

2. An additional requirement for procurement participants in the cases established by Resolution No. 99 is the presence, on the right of ownership and (or) other legal basis, for the period of execution of the contract (agreement) of real estate, equipment, technical means in the amount established by the procurement documentation required for the proper and timely execution of the contract, agreement.

Considering that the scope of work performed and services provided is determined by the customer in accordance with the existing need, the customer has the right to establish in the procurement documentation one or more of the above requirements necessary for the execution of the relevant contract, that is, the availability of real estate and (or) equipment, and ( or) technical means.

At the same time, if the procurement documentation establishes requirements for the availability of equipment and (or) technical means, such requirements should not entail an unreasonable limitation on the number of procurement participants, for example, by establishing requirements for the procurement participants to have equipment, technical means of certain brands and ( or) models, a specific trademark and (or) manufacturer.

3. A document confirming the compliance of the procurement participant with the requirement specified in paragraph 1 of Appendix No. 1 and in paragraph 5 of Appendix No. 2 to Resolution No. 99 regarding the availability of real estate for the period of execution of the contract (agreement) may be a copy of the lease agreement for real estate concluded for a period at least 2 years, registered in accordance with the established procedure.

Paragraph 1 of Article 164 of the Civil Code of the Russian Federation establishes that in cases where the law provides for state registration of transactions, the legal consequences of the transaction occur after its registration.

Thus, if a procurement participant submits a copy of a real estate lease agreement as part of the application as confirmation of compliance with the additional requirement for the availability of real estate, such an agreement must be concluded for the period of execution of the contract for the right to conclude which the procurement is being carried out, but not less than 2 years. In addition, the submitted lease agreement must contain information about its registration.

4. An additional requirement for participants in the procurement of public catering services and (or) supply of food products specified in paragraph 6 of Appendix No. 2 to Resolution No. 99, if the initial maximum price of the concluded contract exceeds 500 thousand rubles, is the presence of experience in execution (with taking into account succession) of a contract (agreement with a budgetary institution) for the provision of public catering services and (or) supply of food products for the last three years before the date of filing an application for participation in the relevant competition, the price of which is not less than 20 percent of the initial (maximum) price of the contract, agreement (lot prices), for the right to conclude which a competition is held.

Taking into account the provisions of paragraphs 7, 8 of Article 3 of Law N 44-FZ, the document confirming compliance with the specified additional requirement is one state or municipal contract or one agreement concluded with a budgetary institution.

In accordance with Article 25 of Law No. 44-FZ, when two or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions. A contract with the winner or winners is concluded by each customer. The procedure for conducting joint competitions and auctions is established by Decree of the Government of the Russian Federation dated November 28, 2013 N 1088 “On approval of the rules for conducting joint competitions and auctions” (hereinafter referred to as the Rules).

In accordance with the Rules, the initial (maximum) contract price indicated in the notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, and the justification for such a price contains the justification for the initial (maximum) contract prices of each customer.

Thus, when purchasing public catering services and (or) supply of food products in accordance with paragraph 6 of Appendix No. 2 to Resolution No. 99, through a joint competition with limited participation, the sum of all initial (maximum) prices of contracts concluded by customers must exceed 500 thousand rubles. In this case, a document confirming the compliance of procurement participants with the requirements of Resolution No. 99 is one state or municipal contract or one agreement concluded with a budgetary institution, worth at least 20 percent of the amount of all initial (maximum) prices of contracts (agreements) of customers for the right to conclude which is a joint competition with limited participation.

At the same time, in accordance with Part 2.1 of Article 56 of Law No. 44-FZ, the customer has the right to purchase public catering services and (or) supply of food products, including through an electronic auction without establishing additional requirements provided for in paragraph 6 of Appendix No. 2 to Resolution No. 99.

5. An additional requirement for participants in the procurement of works and services specified in paragraph 1 of Appendix No. 1 to Resolution No. 99 is the presence of experience in the execution (taking into account succession) of a contract for the performance of works relevant to the subject of the procurement for the preservation of cultural heritage sites (historical and cultural monuments) peoples of the Russian Federation, restoration of museum objects and museum collections included in the Museum Fund of the Russian Federation, documents of the Archive Fund of the Russian Federation, especially valuable and rare documents included in the library collections, performance of work, provision of services related to the need for admission of contractors, performers to accounting databases of museums, archives, libraries, to museum repositories (depositories), to security systems for museum objects and museum collections, archival documents, library collections.

Thus, participants in the procurement of works to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation are required to have experience in executing one contract for any work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation.

Participants in the procurement of works on the restoration of museum objects and museum collections included in the Museum Fund of the Russian Federation are required to have experience in executing one contract for the performance of work on the restoration of museum objects and museum collections included in the Museum Fund of the Russian Federation.

Participants in the procurement of works on the restoration of documents from the Archive Fund of the Russian Federation, especially valuable and rare documents included in library collections, are required to have experience in executing one contract for the restoration of documents from the Archive Fund of the Russian Federation, especially valuable and rare documents included in into library collections.

In this case, the customer, in accordance with Part 5 of Article 56 of Law No. 44-FZ, establishes in the notice of procurement, procurement documentation the type of work and services corresponding to the procurement object, the presence of a contract for the performance of which is required for confirmation by procurement participants of compliance with the requirements of paragraph 1 of the appendix No. 1 to Resolution No. 99.

Taking into account the provisions of parts 2, 2.1 of Article 56 of Law No. 44-FZ, the customer has the right to purchase the works and services specified in paragraph 1 of Appendix No. 1 to Resolution No. 99 by holding an electronic auction. At the same time, taking into account the provisions of Part 2 of Article 31 of Law No. 44-FZ, the customer is obliged to establish additional requirements specified in Appendix No. 1 to Resolution No. 99, both when purchasing through a competition with limited participation and an electronic auction.

Deputy Minister
economic development
Russian Federation
E.I.Elin

Deputy State Secretary
head of the Federal
antimonopoly service
A.Yu.Tsarikovsky

Application. Table of methods for identifying suppliers (contractors, performers) and establishing additional requirements when purchasing construction work

Application

Object of purchase	Initial (maximum) contract price
	up to 10 million rubles	over 10 million rubles up to 150 million rubles (for state needs), up to 50 million rubles (for municipal needs)	over 150 million rubles (for state needs), over 50 million rubles (for municipal needs)
construction work included in code 45 (except for code 45.12) OKPD (except for construction, reconstruction, overhaul of especially dangerous, technically complex capital projects		Appendix No. 1 to Resolution No. 99	electronic auction with the establishment of additional requirements in accordance with clause 2 of Appendix No. 1 to Resolution No. 99
construction, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance)
work on the construction, reconstruction, overhaul of especially dangerous, technically complex capital construction projects, as well as artificial road structures included in	electronic auction without establishing additional requirements	electronic auction with the establishment of additional requirements in accordance with clause 2 of Appendix No. 1 to Resolution No. 99	electronic auction with the establishment of additional requirements in accordance with clause 2 of Appendix No. 1 to Resolution No. 99
highways of federal, regional or intermunicipal, local significance	open competition without establishing additional requirements	open competition without establishing additional requirements	competition with limited participation with the establishment of additional requirements in accordance with clause 5 of Appendix No. 2 to Resolution No. 99

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

On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the issue of applying the Decree of the Government of the Russian Federation of February 4, 2015 N 99 “On the establishment of additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers) with the required level of qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements " (as amended on August 22, 2016)

Document's name:	On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the issue of applying the Decree of the Government of the Russian Federation of February 4, 2015 N 99 “On the establishment of additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers) with the required level of qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements " (as amended on August 22, 2016)
Document Number:	AC/45739/15 23275-EE/D28i
Document type:	Explanation of the FAS Russia (Federal Antimonopoly Service) Letter from FAS Russia (Federal Antimonopoly Service) Letter from the Ministry of Economic Development of Russia
Receiving authority:	FAS Russia (Federal Antimonopoly Service) Ministry of Economic Development of Russia
Published:	Pricing and estimate standardization in construction, N 10, 2015
Acceptance date:	August 28, 2015
Revision date:	August 22, 2016

cancelled/lost force Editorial from 15.11.2000

Name of document	ORDER of the Federal Social Insurance Fund of the Russian Federation dated November 15, 2000 N 198 "ON IMPROVING THE PROCEDURE FOR PURCHASING Vouchers AT THE EXPENSE OF COMPULSORY SOCIAL INSURANCE FUNDS"
Document type	order, order
Receiving authority	FSS RF
Document Number	198
Acceptance date	01.01.1970
Revision date	15.11.2000
Date of registration with the Ministry of Justice	01.01.1970
Status	cancelled/lost force
Publication	At the time of inclusion in the database, the document was not published
Navigator	Notes

ORDER of the Federal Social Insurance Fund of the Russian Federation dated November 15, 2000 N 198 "ON IMPROVING THE PROCEDURE FOR PURCHASING Vouchers AT THE EXPENSE OF COMPULSORY SOCIAL INSURANCE FUNDS"

Introduction

1. This Procedure for placing orders, including through a competition, for the purchase of vouchers at the expense of compulsory social insurance funds has been developed in accordance with the current legislation of the Russian Federation and other documents, including:

Federal Law of May 6, 1999 N 97-FZ “On tenders for placing orders for the supply of goods, performance of work, provision of services for state needs”;

Regulations on the organization of the procurement of goods, works and services for state needs, approved by Decree of the President of the Russian Federation of April 8, 1997 N 305 “On priority measures to prevent corruption and reduce budget expenses when organizing the purchase of products for state needs”;

Letter of the Ministry of Economy of Russia dated April 8, 1999 N AS-353/2-301 “On placing orders for the supply of goods, performance of work, provision of services for government needs by requesting quotations and from a single source”;

Order of the Social Insurance Fund of the Russian Federation dated October 25, 2000 N 189 “On approval of documents of the Social Insurance Fund of the Russian Federation for placing orders, including through a tender, for the supply of goods, works and services.”

2. The acquisition of vouchers by the executive bodies of the Social Insurance Fund of the Russian Federation and policyholders who have the right to independently purchase vouchers at the expense of compulsory social insurance funds (hereinafter referred to as the customer) is carried out in accordance with the Instructions on the procedure for the acquisition, distribution, issuance and accounting of vouchers for sanatoriums - resort treatment and recreation at the expense of state social insurance, approved by the Resolution of the Fund dated 06.08.97 N 64, through the selection of suppliers on a competitive basis, in the ways provided for by this Procedure.

Methods for placing orders

3. Orders can be placed in the following ways:

Open one-stage competition;

Request for quotes.

4. The method of placing an order in each specific situation is determined by the customer independently and is subsequently recorded in the protocol.

5. Placing orders through an open tender is the most preferable.

6. Placing orders by requesting quotes is possible only if the conditions established by the “Regulations on the organization of procurement of goods, works and services for public needs” are met, approved by Decree of the President of the Russian Federation dated 04/08/97 N 305:

the contract price does not exceed 2,500 minimum wages;

the purchased goods (services) are available (or can be offered at any time);

there is an established market for the purchased goods (services).

Work organization procedure

7. The customer creates a Tender and Quotation Commission.

The competition commission is a temporary collegial formation created by the customer for the purpose of holding competitions for the supply of vouchers.

Quotation commission is a temporary collegial formation created by the customer for the purpose of placing orders for the supply of vouchers by requesting quotes.

Placement of orders through an open one-stage competition

8. Placing orders for the supply of vouchers through an open one-stage competition (hereinafter referred to as the competition) consists of three stages:

The first - preparatory - is carried out by the customer’s structural unit responsible for the purchase of vouchers (hereinafter referred to as the responsible structural unit);

The second - consideration of competitive applications - is carried out by the Competition Commission;

The third - final - is carried out by the responsible structural unit.

9. First stage

To conduct the competition, the responsible structural unit prepares in advance:

Notice of the competition (Appendix 1);

Tender documentation (Appendix 2).

10. The responsible structural unit publishes the Notice of the competition in the media at the discretion of the customer, including in the “Competitive Bidding” bulletin and the “Bulletin of State Social Insurance” magazine.

11. The deadline for submitting applications for participation in the competition cannot be set less than 45 days from the date of publication of the Notice.

12. Tender documentation is provided to any supplier upon his application.

13. In accordance with the requirements set out in the Tender Documentation, the supplier prepares a tender bid.

14. Suppliers submit bids in sealed envelopes. The deadlines and procedure for submitting competitive applications are indicated in the Competition Documentation.

15. The responsible structural unit registers the suppliers to whom the Tender Documentation was issued in the Logbook for Registration of Issued Tender Documentation (Appendix 3) and the received Tender Applications in the Logbook for Registration of Tender Applications (Appendix 4).

16. The second stage is consideration of competitive applications.

17. A Competition Commission is created to consider competitive applications and make a decision on the winner of the competition.

18. On the day specified in the Tender Documentation, a meeting of the Tender Committee is held.

19. The competition commission checks the completeness and correctness of the received competitive applications. If necessary, the Tender Committee asks suppliers to clarify the provisions of their bids, as well as to correct obvious errors.

20. The competition commission, based on the data contained in the received competition applications, selects the winner. When considering competitive applications, the use of criteria other than those provided for in the Competition documentation is not permitted.

21. Based on the results of the competition, a Protocol of the competition is drawn up (Appendix 5). The protocol is signed by the Chairman of the Tender Committee. The storage of the Protocol is ensured by the responsible structural unit.

22. The third stage is the final one.

23. The responsible structural unit, no later than 3 days from the day the supplier is determined as the winner of the competition, sends him a written notification that his application has been recognized as winning the competition (Appendix 6) and a draft contract as an appendix to the notification.

24. The authorized representative of the customer and the supplier - the winner of the competition sign the agreement (Appendix 11) within 20 (twenty) days from the date of the competition.

25. If the supplier, to whom a notification was sent that his application was recognized as winning the competition, did not sign the contract within the period established in the Tender documentation (evades signing it), then the Tender Commission rejects such an application and selects the winning application from among the remaining valid applications , drawing up an Addendum to the protocol.

26. The customer, no later than 20 days from the date of determining the winner of the competition, is obliged to publish in the media information about the results of the competition and its winner (Appendix 7). The media must be the same in which the Competition Notice was published. The customer has the right not to publish information about the results of the competition in cases where the costs of publication amount to more than 10 percent of the price of the contract being concluded.

Placing an order for the supply of vouchers by requesting quotes

27. Placing orders by requesting quotes is possible only in the cases provided for in clause 6 of this Procedure for each profile of sanatorium treatment.

28. Based on the analysis, the scale of prices prevailing in the travel market is determined, and on this basis a list of the most attractive suppliers is compiled to whom it is planned to send a request for a quotation price. The number of suppliers in such a list must be at least three.

29. To place an order using the quotation request method, the responsible structural unit prepares in advance a quotation price request (Appendix 8), which is sent by mail, telegraph, fax or other means to all necessary suppliers.

30. Interested suppliers, within the time frame and procedure specified in the quotation price request, submit a quotation request in writing, signed by an authorized representative of the supplier.

31. Not only suppliers listed in the approved list, but also any other suppliers have the right to submit quotation bids, provided that their quotation bids are prepared in accordance with the quotation price request.

32. Each supplier has the right to submit only one quotation, which cannot be subsequently changed. If a supplier submits multiple price quotes for the same travel packages, then all submitted quotes must be rejected.

33. To evaluate the received quotation bids, a Quotation Commission is created, which reviews the quotation bids submitted by suppliers, evaluates them and determines the winner.

34. The quotation commission, no later than three days from the date of determining the winning quotation bid, sends a written notification to the supplier whose quotation bid is recognized as the best (Appendix 9).

35. The customer and the supplier whose quotation bid is recognized as the best sign an agreement within 20 (twenty) days from the date of determining the supplier whose quotation bid is recognized as the best.

36. If a supplier evades concluding an agreement (failure to sign an agreement within twenty days), the quotation application of this supplier is rejected and the Quotation Commission selects the best quotation application from among the remaining valid quotation applications.

37. Based on the results of placing orders using the method of requesting quotation, a Protocol for placing an order using the method of requesting quotation is drawn up (Appendix 10), which is signed by the Chairman of the Quotation Commission. Storage of the Protocol is ensured by the Quotation Commission.

38. A request for quotation, for which only one quotation application was submitted, is considered invalid.

39. At the suggestion of the supplier, the quotation application submitted by him, but not the winning one, may be considered at subsequent meetings of the Quotation Commission if the value is maintained.

Annex 1

NOTICE OF THE COMPETITION

\r\n NOTICE OF THE COMPETITION \r\n \r\n1. Information about the Customer \r\n \r\n 1.1. Full name __________________________ \r\n 1.2. Postal address __________________________ \r\n 1.3. Contact person (full name) __________________________ \r\n 1.4. Phone __________________________ \r\n 1.5. Fax \r\n \r\n2. Purchase information \r\n \r\n 2.1. Subject of the agreement (profile \r\n of treatment, number of vouchers, \r\n place of their delivery) __________________________ \r\n 2.2. Dates (schedule) of vouchers __________________________ \r\n \r\n3. Information about the competition \r\n \r\n 3.1. Form of the competition Open one-stage without \r\n pre-selection \r\n 3.2. Address for receiving the Competitive \r\n documentation and submitting \r\n competitive applications __________________________ \r\n 3.3. Start date and time for accepting \r\n competitive applications __________________________ \r\n 3.4. Closing date and time for accepting \r\n competitive applications __________________________ \r\n 3.5. Date and time of consideration of \r\n competitive applications __________________________ \r\n 3.6. Venue of the competition __________________________ \r\n \r\n4. Requirements for suppliers<*>1. Suppliers may \r\n be: \r\n a sanatorium-resort \r\n institution that has \r\n a license for medical \r\n activities, with \r\n the application of specific types of permitted \r\n \r\n activities by profile, \r\n certificates of conformity \r\n for safe accommodation \r\n and food; \r\n non-profit \r\n organizations created \r\n by \r\n sanatorium and resort \r\n institutions in the form of \r\n foundation, partnership, \r\n association, autonomous \r\n non-profit \r\n organizations, unions, etc., having \r\n a certificate of \r\n registration, charter, \r\n constituent agreement, \r\n agreements - instructions for \r\n sanatorium and resort \ r\n institutions for the sale of \r\n vouchers at the prices of health resorts; \r\n organizations of any \r\n form of ownership that \r\n are co-owners \r\n of the tour supplier. \r\n 2. Experience in \r\n this field for at least \r\n two years. \r\n 3. The supplier must not \r\n be insolvent, \r\n be in the process of \r\n liquidation, and must not \r\n be declared \r\n insolvent \r\n (bankrupt). \r\n A participant in the competition \r\n cannot be an organization whose property \r\n has been seized \r\n and (or) \r\n whose economic activity \r\n has been suspended. \r\n \r\n \r\n<*>This paragraph specifies the general requirements in \r\naccordance with the requirements established in the Competition \r\ndocumentation. Meanwhile, you can not \r\nlist specific requirements, but indicate “established in the Tender Documentation”. \r\n \r\n5. Notes \r\n \r\n 5.1. Information on the possibility of refusing to hold the competition is set out in the Competition Documentation. \r\n \r\n \r\n \r\n

Appendix 2

TENDER DOCUMENTATION

\r\n COMPETITION DOCUMENTATION \r\n \r\n 1. Concepts used in this Competitive \r\n Documentation and required background information \r\n

\r\n 2. Introduction \r\n \r\n 2.1. The customer will select a supplier from among those who submitted a competitive bid to conclude an agreement for the supply of vouchers ____ \r\n____________________ (indicate the treatment profile, quantity, timing). \r\n 2.2. Suppliers' costs for preparing a competitive application, \r\nconducting negotiations, including visiting the competition organizer, \r\nare not payable by the customer. \r\n 2.3. The customer has the right to reject all competitive bids at \r\nany time before they are opened. \r\n 2.4. This Tender Documentation may be changed at \r\nany time before the deadline for submitting Tender Applications in \r\naccordance with the section "Procedure for Amendments to the Tender \r\nDocumentation". \r\n \r\n 3. Requirements for suppliers \r\n \r\n 3.1. The supplier can be any legal entity that, in \r\naccording to Russian legislation, can be \r\nthe corresponding party to the contract concluded as a result of \r\nthe tender. \r\n 3.2. To participate in the competition, suppliers must meet \r\nthe following requirements: \r\nSuppliers can be: \r\na sanatorium and resort institution that has a license for \r\nmedical activities, with the application of permitted specific \r\ntypes of activities by profile , certificates of conformity for \r\nsafe accommodation and food; \r\nnon-profit organizations created by sanatorium-resort \r\ninstitutions in the form of a foundation, partnership, association, autonomous \r\nnon-profit organization, union, etc., having a certificate of \r\nregistration, charter, constituent agreement , contracts - instructions \r\nsanatorium and resort institutions for the sale of vouchers at prices \r\nhealth resorts; \r\norganizations of any form of ownership that are \r\nco-owners of the tour supplier. \r\nAt least two years of experience in this field. \r\nThe supplier must not be insolvent, be in the \r\nliquidation process, or be declared insolvent \r\n(bankrupt). \r\nAn organization whose property \r\nhas been seized and (or) whose economic activity \r\nhas been suspended cannot participate in the competition. \r\n 3.3. The Customer has the right to demand that suppliers provide \r\ninformation about their compliance with the requirements established by the Competition \r\ndocumentation. \r\n 3.4. The customer is obliged to exclude the supplier from participation in the competition at any time during the competition if the supplier provides false information about its compliance with the requirements established by the Competition documentation. \r\n \r\n 4. Basic terms of the agreement \r\n \r\n 4.1. Subject of the future agreement _______________________________ \r\n (description of vouchers and their quantity). \r\n 4.2. Place of delivery of vouchers _________________________________. \r\n 4.3. Check-in schedule for vouchers. \r\n 4.4. The cost of a bed-day in a double room with all amenities, the price of the tour and the total amount of the contract (must be indicated in rubles). \r\n 4.5. Accommodation conditions and services included in the price of the tour. \r\n 4.6. Other mandatory terms of the agreement: ____________________. \r\n 4.7. Other optional conditions in which \r\n the Customer is interested (satisfaction with these conditions is not mandatory \r\n for participation in the competition, but influences the selection of the winner \r\nof the competition under equal mandatory conditions): ______________________ \r\n_______________________ ( for example: preferential interest rate for a possible \r\nextension of the contract for a new term, etc.). \r\n \r\n 5. Instructions for preparing competitive applications \r\n and requirements for them \r\n \r\n 5.1. A competitive application can be submitted by any legal entity that, in accordance with Russian legislation, can be a relevant party to the agreement concluded as a result of the competition. \r\n 5.2. The competitive application must: \r\n - be properly executed and signed in the form \r\nspecified in the appendix to this Competitive Documentation; \r\n - contain documentary evidence of the supplier's compliance \r\nwith the requirements listed in section 3 "Requirements for \r\nsuppliers" of this Tender Documentation; \r\n - contain certified copies of the constituent documents of \r\nsuppliers (for non-profit organizations selling vouchers to \r\nsanatorium and resort institutions); \r\n - contain a copy of the balance sheet for the last reporting period with \r\nmarked by the tax office. \r\nIt is possible to provide positive recommendations from former \r\npartners of the supplier. \r\n 5.3. The competitive bid, as well as all documentation associated with \r\nthis competitive bid, must be submitted in Russian \r\nlanguage. \r\n 5.4. If any questions arise regarding the preparation of the competitive application from suppliers who have received the Tender Documentation, they \r\n can seek clarification from the Customer in the manner and within the \r\n timeframe specified in the section "Procedure for clarification of the competitive application" "documentation". \r\n 5.5. The original bid must not have any interline \r\ninscriptions or overlays on top of other text, except \r\ncorrections made by the supplier itself if necessary. \r\nAny such corrections must be certified by the signature \r\nof the supplier's representative (or representatives) authorized \r\nto sign the bid. \r\n 5.6. The supplier's representative, who has the authority to assign \r\n contractual obligations to the supplier, signs the competitive \r\n application (including all its constituent documents). The signature \r\nof the supplier's representative is certified by the supplier's seal, \r\nused for bank documents. \r\n 5.7. Each supplier may submit only one competitive bid. If a supplier submits more than one competitive application, all competitive applications with its participation are rejected, \r\nregardless of the nature of the competition and the results of the competition. \r\n 5.8. The competitive application is submitted in a sealed envelope. The \r\n envelope must indicate "Competitive application for the supply of \r\n vouchers. Do not open until ___________" (the date of the \r\ncompetition is indicated). In addition, these envelopes must be marked with the \r\nname and address of the supplier so that the bid \r\ncan be returned unopened if it is found to be late. \r\nThe envelope must be addressed to the Customer. \r\n 5.9. The Supplier may change, replace or withdraw \r\nits bid after it has been submitted, provided that the Employer \r\nreceives written notice of the change, change or withdrawal \r\nbefore the deadline for submission of \r\nbids. \r\n 5.10. The supplier's notice of change, substitution or withdrawal \r\nmust be prepared, sealed and marked in accordance with \r\nthe provisions of clause 5.8 of these Tender Documents. \r\nAt the same time, on the envelope of such notice there must be \r\nadditionally indicated “change of the competitive bid”, “replacement \r\nof the competitive bid” or “withdrawal of the competitive bid” if \r\nthis is a notice of change in the competitive bid , about replacing \r\n the competitive bid or about withdrawing the competitive bid, respectively. \r\nNotice of withdrawal of a competitive bid may also be \r\nsent by fax, telex or telegram, followed by \r\nduly registered postal mail, postmarked \r\ndated no later than the deadline \r\nfor submission competitive applications. \r\n 5.11. No changes will be made to bids after the deadline for submission. \r\n 5.12. If any discrepancies \r\n are found between the data specified in the Notice of Tender and \r\n the data specified in this Tender Documentation, one should \r\nbe guided by this Tender Documentation. \r\n \r\n 6. Procedure for submitting competitive applications \r\n \r\n 6.1. Tender applications are accepted at the following address: _________ \r\n_______________________ (indicate the customer’s full postal address). \r\n 6.2. Acceptance of competitive applications begins "__" _______ 20__ \r\nat ______ hours _____ minutes and ends "__" ________ 20__ \r\nat ______ hours _____ minutes ___________ time (specify time - \r\n local, Moscow, etc. .P.). \r\n 6.3. All bids and amendments to them received after \r\nthe prescribed closing hour will be rejected and \r\nreturned to suppliers unopened. \r\n \r\n 7. The procedure for explaining the provisions \r\n of the Tender Documentation \r\n \r\n 7.1. If the supplier has any questions regarding the content of the Tender Documentation, he can contact him by letter, telegram, or fax, which are sent to the Customer. \r\n 7.2. The customer is obliged to respond to the supplier's request, provided \r\n it receives such a request in writing no later than 10 \r\n (ten) days before the deadline for accepting competitive bids. \r\n 7.3. The response to the supplier's request must be prepared in \r\nwritten form and no less than 7 (seven) days before the end of \r\nthe deadline for accepting competitive applications and handed over \r\nsigned to \r\nthe supplier's representative or sent to him by mail in the manner \r \nconfirming shipment. \r\n \r\n 8. The procedure for making amendments to the Tender Documentation \r\n \r\n 8.1. At any time before the deadline for submitting competitive bids, the executive body of the Fund may, for any reason, amend the Competitive Documentation, provided that sufficient time is provided to suppliers to take into account the amendments when preparing the competitive bid. \r\n 8.2. All suppliers who have already received the Bid Documents will be notified of the amendment in a manner that confirms receipt of the notification. \r\n 8.3. In order to provide sufficient time for suppliers to take the amendments into account when preparing their bids, the Fund's executive body may, if necessary, postpone the deadline for submitting bids. \r\n 8.4. The changes made will subsequently be an integral part of the Tender Documentation. \r\n \r\n 9. The procedure for opening competitive bids \r\n \r\n 9.1. Envelopes with competitive applications submitted by suppliers before the end of the deadline for submitting competitive applications are opened by the Competition Commission of the executive body of the Fund at the address: ________________ \r\n______________________ (specify address), "__" ___________ 20__ on ___ hours ___ minutes. \r\n 9.2. All suppliers who submitted competitive bids, or their \r\n authorized representatives, may be present at the opening of \r\nenvelopes with bids. \r\n 9.3. Bids, including amendments thereto, that are not \r\nopened and read aloud at the time of opening of bids will not \r\nbe accepted for further evaluation regardless of the circumstances. \r\nRecalled applications are returned to suppliers unopened. \r\n \r\n 10. Criteria for evaluating competitive applications \r\n \r\n 10.1. Evaluation of competitive applications is carried out according to the following \r\npositions: \r\n - assessment of the correctness of execution and completeness of competitive applications; \r\n - assessment of suppliers' compliance with the requirements for \r\nsuppliers in the Tender Documentation; \r\n - comparative assessment of competitive applications in accordance with \r\nthe criteria established in the Competition documentation; \r\n - summing up the evaluation and choosing the winner of the competition. \r\n 10.2. When assessing the correctness of execution and completeness of competitive applications, the Competition Commission examines competitive applications for their \r\ncompleteness, the presence of errors in calculations, all signatures on documents, and \r\nalso the correctness of execution of competitive applications in general. \r\nThe Tender Committee may disregard minor \r\nerrors, inconsistencies or inaccuracies in the bid, provided \r\nthis does not affect the relative rating of any \r\nsupplier. \r\nIf the competitive application does not meet the requirements \r\nfor its form, then it is rejected. \r\n 10.3. Suppliers' compliance with the requirements is assessed in accordance with the requirements for \r\nsuppliers established in the "Requirements for Suppliers" section. \r\n Establishing other criteria, requirements or procedures is not \r\n permitted. \r\nThe competition commission checks the suppliers' compliance \r\nwith the requirements after opening the envelopes with applications, but \r\nbefore a comparative analysis of the suppliers' proposals in accordance with \r\nthe criteria for evaluating the competitive application. \r\nIf the supplier does not meet the requirements \r\nor in case of failure to provide any documents required \r\nto confirm the eligibility of the supplier, the Tender Committee \r\nis obliged to reject the application of this supplier. \r\n 10.4. Comparative assessment of competitive applications is made on the basis of the following criteria: \r\n - the cost of one bed-day in a double room with all amenities offered by the supplier; \r\n - medical and other services included in the cost of the trip; \r\n - compliance with the main terms of the contract specified in this \r\nTender documentation; \r\n - the most complete satisfaction of the optional conditions \r\nof the agreement specified in paragraph. 4.8 of this Tender Documentation \r\n (under equal mandatory conditions); \r\n - ____________________________________________________________ \r\n(specify other criteria); \r\n - unique methods of sanatorium treatment used in \r\nhealth resorts and included in the price of the voucher. \r\nThe use of other criteria is not allowed. \r\n 10.5. During the consideration of bids, the Bid \r\ncommittee may, at its discretion, ask the supplier \r\nthat submitted the bid to provide clarification regarding its \r\nbid, but no requests, \r\nproposals should be made. or permission to change the price or essence of the competitive bid. \r\n 10.6. The results are summed up and the winner is selected by the Competition Commission after studying, evaluating and comparing the submitted competitive applications. \r\nThe winner of the competition is the supplier whose application, \r\naccording to the Competition Commission, offers the best conditions for the supply of \r\nvouchers. \r\n \r\n 11. Illegal actions \r\n \r\n 11.1. The policy of the Social Insurance Fund of the Russian Federation requires suppliers performing \r\nwork under contracts financed from \r\nstate social insurance funds to maintain high \r\nethical standards during the selection and execution of each \r \ncontract. \r\n 11.2. In this regard, in the event that any of the \r\nsuppliers offer gifts or donations of any size in order to \r\ninfluence the decision of the Competition Committee during the competition, \r\nor in the event of incorrect presentation of facts or entry into \r\n n collusion with representatives of the Customer, or in the event of other \r\n pressure being exerted on the Tender Commission in order to change its decision, \r\nthe competitive application of such a supplier will be rejected. \r\n \r\n 12. Signing the agreement \r\n \r\n 12.1. After determining the winner of the competition, the Customer, within three days, sends to the supplier whose application is recognized as the winner (hereinafter referred to as the winner of the competition), a notice of recognition of his application as winning the competition and a draft contract as an appendix to the notification. \r\n 12.2. No later than 20 days from the day the winner of the competition is determined, the Customer and the winner of the competition sign an agreement. The terms of the contract are determined in accordance with the Competition documentation and the competition application of the supplier recognized as the winner of the competition. \r\n 12.3. If the supplier, to whom the notification was sent \r\non recognition of his application as winning the competition, did not sign the contract within \r\nthis period, then the Tender Commission rejects such \r\napplication and selects the winning application from among the remaining valid \r\napplications . \r\n \r\n 13. Form of messages \r\n \r\n 13.1. Any documents and \r\nmessages referred to in this Documentation sent by the procuring organization to the supplier or \r\nsupplier to the Customer are submitted in writing. \r\n \r\n 14. Applicable legislation \r\n \r\n 14.1. This Tender Documentation has been prepared in accordance with the current legislation of the Russian Federation. \r\n \r\n Applications: \r\n 1. Competitive application for _____ l. \r\n \r\n \r\n

Application
to the Tender Documentation

COMPETITION APPLICATION

\r\n COMPETITION APPLICATION \r\n \r\nDate \r\nTo ________________________________________________ \r\n \r\nDear sirs! \r\n \r\n Having studied the Tender Documentation, the receipt of which is hereby \r\ncertified, __________________________________________ (indicate \r\nfull name of the supplier) represented by __________________ (indicate \r\nposition, full name) expresses his desire participate in the competition for \r\nconcluding an agreement for the supply of vouchers in quantity and quality in \r\naccordance with the mentioned Competition documentation and in the event \r\nif our conditions are determined by the Competition Commission as \r\nthe best, we undertake to conclude an appropriate agreement . \r\nWe undertake, if our Bid is accepted, \r\nto properly fulfill the terms of the specified agreement. \r\nWe agree to adhere to the provisions of this Competitive \r\napplication (including our proposed cost of one bed day) \r\nfor the maximum period for consideration of competitive applications \r\nestablished in clause 9.4 of the Competitive Documentation, starting from the date \r\n established as the day of opening envelopes with competitive applications, \r\nas well as when concluding an agreement based on the results of this \r\ncompetition. This Bid will remain binding on us and may be accepted at any time prior to the expiration of the specified period. \r\n We confirm that: \r\n - we have experience in supplying vouchers to customers; \r\n - we have financial resources, production capacity, \r\nequipment and other material capabilities; \r\n - we have all the necessary licenses and permits; \r\n - we fulfill obligations to pay taxes to budgets of all \r\nlevels and mandatory payments to state extra-budgetary \r\nfunds; \r\n - we, our directors and employees have not been convicted \r\nof any criminal offense related to their \r\nprofessional activities related to the travel \r\npurchased or making false or incorrect statements \r \nqualifications for the purpose of concluding a procurement contract in \r\nwithin 3 years preceding the commencement of these procurement procedures, \r\nor have not been otherwise disqualified on the basis of \r\nadministrative measures to suspend or prohibit \r\nactivities; \r\n - have not been declared insolvent (bankrupt) and are not in the \r\nliquidation process. \r\nThe quality of services provided for the offered vouchers \r\nmeets the requirements of standards and other established \r\nrequirements. \r\nThe cost of one bed-day in a double room with all \r\namenities, offered by us according to the ________________ profile of treatment, \r\n is: _____________, including (list of services included in the \r\n cost vouchers): \r\n 1. __________________________________________________________; \r\n 2. __________________________________________________________. \r\nIn addition, we are ready to provide: ____________ (other information, benefits, etc., in which the customer is interested, are indicated). \r\nIf our Bid is accepted for concluding \r\na contract before the preparation and execution of a formal contract, \r\nthis Bid, together with your notification of \r\nrecognition of our Bid as winning the competition, will \r\nserve as mandatory agreement between us. \r\nThis competitive application is submitted with the understanding that: \r\n - the possibility of a supplier's participation in the competition depends on its \r\ncompliance with the requirements for suppliers. This \r\ncompliance can only be established by checking all data \r\nprovided by the supplier; \r\n - Your organization reserves the right to reject or \r\n accept competitive applications, suspend the competition \r\nprocess and reject all competitive applications; \r\n - Your organization is not responsible for such actions \r\nand does not undertake the obligation to inform the supplier of their \r\nreasons without a corresponding request from us. \r\n \r\n General information about our organization is as follows: \r\n \r\n1. Name of organization _______________________ \r\n2. Legal address _______________________ \r\n3. Postal address _______________________ \r\n 4. Place of registration _______________________ \r\n 5. Date of registration _______________________ \r\n6. Phone _______________________ \r\n7. Fax _______________________ \r\n8. Bank details _______________________ \r\n9. Taxpayer identification number _______________________ \r\n \r\nAppendices: \r\n - certified copies of the constituent documents of suppliers on ___ \r\n__ pages; \r\n - copies of licenses for ___ pages; \r\n - copies of certificates on ___ pages; \r\n - balance for the last reporting period for ___ l. \r\n \r\nIt is possible to provide positive recommendations from former \r\npartners of the supplier. \r\n \r\nWith respect, \r\n______________________ _______________ /__________________/ \r\n (position) (signature) (Full name) \r\n \r\n Date, seal \r\ n\r\n\r\n

Appendix 3

REGISTRATION LOG OF ISSUED COMPETITION DOCUMENTATION

N p/p	Date and time the request for documentation was received	Name and address of the organization	Date and time the documentation was sent	Method of sending documentation (by mail, courier, etc.)	Notes
1.
2.
3.

Appendix 4

COMPETITION REGISTRATION JOURNAL

Appendix 5

PROTOCOL OF THE COMPETITION FOR PLACING AN ORDER FOR THE DELIVERY OF VOURS

\r\n MINUTES N _____ \r\n OF THE COMPETITION FOR PLACING AN ORDER \r\n FOR THE DELIVERY OF VOURS \r\n \r\nThe meeting of the Competition Commission was held "__" ___________ 200_ \r\nin the city of ______________. \r\n \r\nPRESENT \r\n \r\nCompetition committee consisting of: \r\n \r\nN Last name, First name, Patronymic Position \r\nn/n \r\n1. ______________________ Chairman of the Competition \r\n Commission \r\n 2. ______________________ Deputy Chairman \r\n of the Competition Commission \r\n3. ______________________ Member of the Competition Committee \r\n4. ______________________ Member of the Tender Committee \r\n \r\nRepresentatives of suppliers included<*>: \r\n \r\n<*>To be completed if suppliers are present at the meeting of the Tender Committee. \r\n \r\n1. ______________________ \r\n2. ______________________ \r\n3. ______________________ \r\n 4. ______________________ \r\n \r\n A total of _________ members of the Competition Commission have registered, \r\nwhich is ____________ of the total number of members of the Competition \r\nCommission. There is a quorum. \r\n \r\nAGENDA: \r\n \r\n 1. Determination of the winner of the competition for the supply of _____ (indicate \r\nquantity) vouchers _________________ (indicate the profile of sanatorium \r\ntreatment). \r\n 2. Determination of the winner of the competition for the supply of ______ (indicate \r\nquantity) vouchers _________________ (indicate the profile of sanatorium \r\ntreatment). \r\n 3. Determination of the winner of the competition for the supply of ______ (indicate \r\n quantity) vouchers _________________ (indicate the profile of sanatorium \r\ntreatment). \r\n \r\nA one-stage \r\nopen competition without pre-selection was chosen as the order placement method. The rationale for choosing this method of placing an order is ____________ (specify). \r\n \r\nLISTENED TO: \r\n \r\n On the first question, listened to: \r\nMember of the Competition Committee _____________________ (Last name, First name, \r\nPatronymic name). The following is noted: \r\n The competition is held for the supply of vouchers ______________ (indicate \r\n quantity, treatment profile, types and terms of vouchers). \r\n \r\nAfter the speech of ______________ (full name of the speaker), the competitive bids of the following suppliers were opened and \r\nread out loud: \r\n

\r\nSuppliers offered the following conditions (calculation \r\nattached): \r\n

N p/p	Name health resorts, address, FULL NAME. head	Requisites licenses	Requisites certificates	Profile health resorts	Proposed quantity vouchers	Provided services	Duration treatment	Price bed-day

\r\nIn accordance with the criteria established in the Competition \r\ndocumentation, it is proposed to select the supplier who offered the best \r\nconditions (provide a brief summary of the progress and results of the evaluation \r\nof the submitted competitive applications, depending on the chosen \r\nmethod of evaluation - voting, assigning different numbers of points, etc.). \r\n \r\nDECIDED: \r\n \r\nTo recognize \r\n_____________ (name of supplier) as the winner of this competition on the first issue. \r\n \r\nOn the second question they heard: \r\n(the same information is indicated as on the first question, but on \r\na different profile of sanatorium treatment). \r\n \r\nChairman of the Tender Committee _______________ (signature, full name) \r\n \r\nIf necessary, this Protocol is also signed \r\nby the supplier - winner of the competition _______________________________ \r\n(full name supplier) represented by (position, full name) _____, \r\nacting on the basis of ____________________ (Charter, Regulations, \r\npower of attorney)<*>. \r\n \r\n<*>Based on Art. 448 Civil Code of the Russian Federation. \r\n \r\n If necessary, the Protocol shall indicate the grounds for making \r\n a decision to reject all competitive applications; the reasons why the contract was not concluded based on the results of the competition; information about \r\nunfair actions of suppliers. \r\n \r\n \r\n

Appendix 6

NOTICE OF RECOGNITION OF THE COMPETITION APPLICATION AS THE WINNING COMPETITION (NOTICE TO THE COMPETITION WINNER)

\r\n NOTICE \r\n ABOUT RECOGNIZING THE COMPETITION APPLICATION AS WINNING \r\n COMPETITION (NOTICE TO THE COMPETITION WINNER) \r\n \r\n Date \r\n To: _________________________________________________ \r\n \r\n We hereby notify You that your Competitive application from \r\n______________ for the supply of vouchers _________________ (specify the type, \r\ntreatment profile and number of vouchers) with the cost of one bed - \r\nday _________ rubles and the total contract price _____________ rubles with \r\n r\ntaking into account amendments and changes in accordance with the Competition \r\ndocumentation is accepted and recognized as winning the competition with the right \r\nto conclude an agreement. \r\nIn accordance with your Competitive application and Competitive \r\ndocumentation, we invite you to consider and within 20 days from \r\nthe date of signing the Protocol of the competition, sign an agreement, \r\nthe conclusion of which was the subject of the competition (agreement \r\n nattached). \r\n \r\n Appendix: Agreement for ____ l. \r\n \r\nSincerely, \r\n Customer Manager _________________ /________________________________/ \r\n (signature) (Full name) \r\n \r\n \r\n

Appendix 7

INFORMATION ABOUT THE RESULTS OF THE COMPETITION PUBLISHED IN THE MASS MEDIA

\r\n INFORMATION \r\n ABOUT THE RESULTS OF THE COMPETITION, PUBLISHED \r\n IN THE MASS MEDIA \r\n \r\n1. Information about the Customer \r\n \r\n 1.1. Full name __________________ \r\n 1.2. Postal address __________________ \r\n \r\n 2. Information about the purchase \r\n \r\n 2.1. Subject of the agreement __________________ \r\n 2.2. Contract price __________________ \r\n \r\n3. Information about the competition \r\n \r\n 3.1. Date and time of the competition __________________ \r\n 3.2. Venue of the competition __________________ \r\n \r\n4. Information about the supplier - the winner of the \r\ncompetition \r\n \r\n 4.1. Full name __________________ \r\n \r\n \r\n

Appendix 8

REQUEST A QUOTE PRICE

\r\n REQUEST QUOTE PRICE \r\n \r\n Date \r\n To _________________________________ \r\n \r\n Dear Sirs! \r\n \r\n ________________________________ (indicate the full name \r\n of the purchasing organization) provides for the purchase of \r\nvouchers (indicate the name, types, treatment profile, quantity, \r\nterms)<*>\r\n \r\n<*> You can indicate that the travel specification is indicated in the \r\napplication, and draw up a corresponding application. \r\n \r\n The delivery schedule for vouchers is ___________ (indicate the delivery schedule). \r\nPayment for vouchers will be made by bank transfer from a \r\ncurrent account. \r\nIf you agree to take part in the supply of vouchers \r\nspecified in this request for a quotation price, we ask \r\nto provide a quotation request indicating the prices for \r\nthe above vouchers by _____ (indicate the end date and time \r\nacceptance of quotation bids) at the address _______ (specify address). \r\nThe cost of one bed-day in a double room with all \r\namenities for the ______ treatment profile must be indicated taking into account \r\nthe costs of ____________ (attach a calculation). \r\nEach supplier has the right to submit only one \r\nquotation, which cannot be subsequently changed. \r\nThe quotation request must necessarily contain \r\na duly completed and signed form specified in the \r\nAppendix to this request for quotation price. \r\nIf a quotation application is received after the deadline \r\nfor their acceptance specified in this request for a quotation price, our \r\norganization has the right to reject such an application. \r\n From among the suppliers who submitted quotation bids, for \r\nthe conclusion of the contract, suppliers will be selected who \r\nset the lowest cost of one bed-day in a \r\ndouble room with all amenities according to ____ treatment profile with \r\nequal types of medical care and at the same time complying with \r\nestablished quality standards. \r\nIt is planned to conclude an agreement with the supplier whose quotation bid is recognized as \r\nthe best (winning) within \r\ntwenty days from the date the best quotation bid is determined. If the supplier fails to sign the contract within twenty days, the supplier's quotation will be rejected and our organization will select the best quotation from among the remaining valid quotation bids. \r\nWe notify you that sending you this request \r\nfor a quotation price and your submission of a quotation bid does not \r\nimpose any additional obligations on the parties, \r\nwith the exception of the obligations specified in the Quotation Bid \r\n(Appendix to this Request). \r\nFor any questions, please contact ______________ \r\n____________________ (indicate the address of the purchasing organization) or \r\ntelephone _____________ (indicate telephone, fax). Responsible person of the purchasing organization ______________ (indicate position, surname, first name, patronymic). \r\n \r\n Attachments: \r\n 1. Quotation application for ___ l. \r\n \r\nAuthorized official of the Customer _________ /____________/ \r\n (signature) (Full name) \r\n \r\n \r\n

Application
to Request for quotation price

QUOTE APPLICATION

\r\n QUOTE APPLICATION \r\n \r\n Date \r\n To _________________________________ \r\n \r\n Dear Sirs! \r\n \r\n Having studied the request for quotation price sent by you, ___________ \r\n____________________ (specify the supplier's organization) represented by \r\n___________________________ (specify position, full name) offers \r\nto supply vouchers ___________________ (indicate the type (for an adult, an adult with a child), the profile of sanatorium treatment, quantity, services, etc.) at the cost of one bed-day in a double room with all amenities ____________________ rubles and \r\ntotal cost of the trip ____________ rubles, including (attach \r\nprice calculation, indicate benefits when extending the contract for a new \r\nterm, etc.). \r\nWe undertake, if our price quotation is accepted, to deliver \r\nvouchers in accordance with the Delivery Schedule in compliance with the Schedule \r\nof arrivals given in the Request for Quotation Price, and agree with \r\nthe payment procedures contained therein. \r\nIf you choose our quotation bid for concluding \r\na contract, before preparing and executing the official contract, \r\nthis quotation bid, together with your notification of \r\nrecognition of the quotation bid as winning and taking into account the conditions, \r\n nset out in the request for quotation price will serve as a binding contract between us. \r\nWe acknowledge that your sending a request for a quotation price and \r\nour submission of a quotation application does not impose \r\nany additional obligations on the parties. \r\n \r\nGeneral information about our organization is as follows: \r\n 1. Name of the organization _______________________ \r\n 2. Legal address _______________________ \r\n 3. Postal address _______________________ \r\n 4. Place of registration _______________________ \r\n 5. Registration date _______________________ \r\n 6. Phone _______________________ \r\n 7. Fax _______________________ \r\n 8. Bank details _______________________ \r\n \r\nRegards, \r\n ____________________ _______________ /_____________________/ \r\n (Position) (Signature) (Full name) \r\n \r\n Date, stamp \r\n \r\n \r\n

Appendix 9

NOTICE OF RECOGNITION OF THE QUOTE BID AS WINNING

\r\n NOTICE \r\n ABOUT RECOGNIZING THE QUOTE BID AS WINNING \r\n \r\n Date \r\n To: ______________________________ \r\n \r\n Dear Sirs! \r\n \r\n We hereby notify you that your quotation request \r\nfrom _________ (specify date) for the supply of vouchers __________________ \r\n___________ (indicate the type, treatment profile and number of vouchers) with \r\ncost bed-day _____________ rubles and the total price of the contract \r\n__________________ rubles is recognized as the best with the right to conclude a \r\ncontract. \r\nIn accordance with your quotation application and request \r\nquote price, we invite you to consider and within 20 days from the \r\ndate of signing the Order Placement Protocol by requesting \r\nquotations, sign the agreement the conclusion of which was the subject of \r\n n placing orders by requesting quotes (the agreement is attached). \r\n \r\n Appendix: Agreement for ___ l. \r\n \r\nSincerely, \r\nChairman of the Quotation Commission ___________ /_________________/ \r\n 1. Determining the winner of placing an order by requesting \r\n quotes for the supply of vouchers ___________________ (indicate the profile of \r\nsanatorium treatment) . \r\nThe method of requesting \r\nquotations was chosen as a method of placing an order, since the price of the proposed contract does not exceed 2500 \r\nminimum wages, there is an established market for the above-mentioned vouchers \r\nand they are available and open \r\nare offered to everyone. \r\n \r\nLISTENED TO: \r\n \r\n On the first question, listened to: \r\n Member of the Quotation Commission ___________________ (Last name, First name, \r\n Patronymic). The following is noted: \r\nPlacement of an order by requesting quotations is carried out for \r\npurchase<*>______________________ (description of purchased vouchers for \r\nsanatorium treatment profiles). \r\n \r\n \r\n<*>You can indicate that the list of vouchers is specified in the appendix to the \r\nProtocol, and draw up a corresponding appendix. \r\n \r\nQuotes from the following suppliers are presented: \r\n

\r\nIt is proposed to choose the best conditions (provide a brief summary of \r\nthe progress and results of the evaluation of submitted bids). \r\n \r\nDECIDED \r\n \r\nTo recognize __________________ (name of supplier) as the winner. \r\n \r\nChairman of the Quotation Commission _____________ (signature, full name) \r\n \r\nIf necessary, this Protocol is also signed \r\nby the winning supplier. \r\n \r\n(full name of the supplier) __________________________ represented by \r\n(position, full name) ________________________________, acting \r\n on the basis of _______________ (Charter, Regulations, power of attorney)<*>. \r\n \r\n<*>Based on Art. 448 Civil Code of the Russian Federation. \r\n \r\nIf necessary, the Protocol indicates the grounds for \r\nmaking a decision to reject all quotation bids; the reasons \r\nwhy, based on the results of the request for quotations, the contract \r\nwas not concluded; information about dishonest actions of suppliers. \r\n \r\n \r\n

Appendix 11

SAMPLE AGREEMENT

\r\n SAMPLE AGREEMENT \r\n \r\ng. __________________ "__" __________ 2000 \r\n \r\n ___________________ - regional branch of the Social \r\n Insurance Fund of the Russian Federation, represented by Manager ___________, \r\nacting on the basis of the Regulations on the _______________ regional \r\nbranch, approved by _______ N ______ dated ________, hereinafter referred to as the “Buyer”, on the one hand, and ______________, represented by \r\n_____________, acting on the basis of ____________, hereinafter referred to as the “Seller”, on the other hand, collectively referred to as the Parties, \r\nbased on the results of _______ (open tender, request for quotations) protocol \r\n dated _________ N ___, have concluded this Agreement as follows: \r\n \r\n 1. Subject of the agreement \r\n \ r\n 1.1. The seller undertakes to transfer vouchers in the quantity and \r\nrange (treatment profile, etc.) specified in Appendix 1 to \r\nthis Agreement (hereinafter referred to as vouchers) and in accordance with the Schedule of \r\narrivals given in Appendix 2 to this Agreement are \r\nthe property of the Buyer, and the Buyer undertakes to accept the vouchers and \r\npay for them. \r\n 1.2. This agreement is concluded for the purpose of providing \r\ninsured citizens with vouchers for sanatorium and resort treatment \r\n (health improvement) at the expense of compulsory social \r\ninsurance funds. \r\n \r\n 2. Duration of the Agreement \r\n \r\n 2.1. The Seller undertakes to transfer the vouchers to the Buyer in accordance with the Voucher Transfer Schedule (Appendix 3). \r\n 2.2. The Agreement comes into force from the moment it is signed by authorized representatives of the Parties. \r\n 2.3. The Agreement is valid until the Parties fully fulfill their obligations under this Agreement. \r\n 2.4. The Seller has the right to transfer vouchers to the Buyer earlier than \r\nprovided by the Voucher Transfer Schedule, only with the consent of the Buyer. \r\n \r\n 4. Rights and obligations of the Parties \r\n \r\n 4.1. The seller undertakes: \r\n 4.1.1. Transfer the vouchers to the Buyer in accordance with the Schedule \r\ntransfer of vouchers and the Schedule of arrivals provided for in this \r\nAgreement. \r\n 4.1.2. The moment of transfer of vouchers or their part, transferred in accordance with the Schedule for the transfer of vouchers, is the date of signing by both Parties of the Delivery and Acceptance Certificate for the transferred / received \r\nnumber of vouchers. \r\n 4.1.3. Transfer the vouchers to the Buyer in a manner confirming the transfer. \r\n 4.1.4. Transfer to the Buyer vouchers issued in accordance with current requirements. \r\n 4. 1.5. Ensure that a person arriving for sanatorium treatment (rehabilitation) on a voucher is accommodated during the entire period of stay specified in the voucher in a room of appropriate \r\ncomfort, receives a complete dietary meal and a \r\nfull complex services, including medical services prescribed by a doctor. \r\n 4.1.6. Provide sanatorium and resort treatment (rehabilitation) \r\n in accordance with the current legislative and regulatory \r\n legal acts in force in the Russian Federation, including \r\nmethodological recommendations and approved methods for the treatment \r\nof individual diseases in conditions of the sanatorium. \r\n 4.1.7. Indicate on the voucher form a complete list of requirements for persons arriving on vouchers that do not contradict this Agreement, and accurate information about the conditions of stay in the health resort, its address and travel route. Requirements not specified on the voucher form cannot be presented to persons arriving on vouchers. \r\n 4.1.8. Ensure the issuance to persons who have undergone sanatorium-\r\nresort treatment (health improvement) on vouchers, "return vouchers" (or documents replacing them) indicating the actual \r\ntime of stay in the health resort, and in case of early departure - \r\nindicating the reason. \r\n 4.1.9. Upon written request from the Buyer, cancel \r\nlost voucher forms and issue duplicates. \r\n 4.1.10. Transfer the dates of arrivals for vouchers that have not been used for good reasons to other dates. \r\n 4.1.11. Ensure that the recipient of the vouchers receives medical services in accordance with the requirements of the standards of the Russian Federation. \r\n 4.1.12. Issue all necessary invoices, invoices and \r\nother documents. \r\n 4.1.13. Fulfill other obligations provided for in articles \r\nof this Agreement. \r\n 4.2. Responsibilities of the Buyer: \r\n 4.2.1. Pay for vouchers in accordance with this Agreement. \r\n 4.2.2. Accept vouchers in the quantity, assortment and Schedule \r\ntransfer of vouchers and Check-in Schedule provided for in this \r\nAgreement. \r\n 4.2.3. Inform the Seller about the facts of loss of vouchers. \r\n 4.2.4. Fulfill other obligations stipulated by the terms of this Agreement. \r\n 4.3. The Seller and the Buyer have the right to demand from the opposite \r\nParty proper execution of the current Russian \r\nlegislation and the conditions contained in this Agreement. \r\n \r\n 5. Cost of the contract and payment procedure \r\n \r\n 5. 1. The total cost of this Agreement in accordance with the calculation given in Appendix 4 to this Agreement is _______ (________ -) rubles and includes the cost of all trips provided for in this Agreement. The current price of the contract is fixed and cannot be changed. \r\n 5.2. Payment for vouchers is made in the following order - \r\nBuyer no earlier than 45 (forty-five)<*>days before the start of the quarter, transfers to the Seller the cost of vouchers to be transferred in accordance with the Voucher Transfer Schedule. \r\n \r\n<*> Indicate specific payment terms. \r\n \r\n 5.3. Transfer of funds by the Buyer to the Seller \r\n is carried out within five banking days from the date of \r\n issuance of the invoice by the Seller from the Buyer's current account to the \r\nSeller's current account. \r\n \r\n 6. The procedure for transferring vouchers \r\n \r\n 6.1. The Seller transfers and the Buyer accepts vouchers in accordance with the Voucher Transfer Schedule. \r\n 6.2. The deadlines for the transfer of vouchers may be violated only by agreement of the Parties. \r\n 6.3. For the number of vouchers transferred by the Seller and accepted by the Buyer, a Delivery and Acceptance Certificate is drawn up, which is signed by authorized representatives of the Parties. \r\n 6.4. The acceptance certificate contains the following information: \r\n Number of vouchers; \r\n Assortment of tours; \r\nPrice of travel packages; \r\nOther information. \r\n \r\n 7. Warranty obligations \r\n \r\n The Seller guarantees the sanatorium and resort services \r\n(health improvement) provided for in the vouchers. \r\n \r\n 8. Responsibility of the Parties \r\n \r\n 8.1. The parties are responsible for non-fulfillment or \r\nimproper fulfillment of obligations under this Agreement in \r\naccordance with the current legislation of the Russian Federation. \r\n 8.2. In case of violation by the Seller of the Schedule for the transfer of vouchers, the Buyer has the right not to accept these vouchers and then the Seller pays the Buyer a penalty in the amount of 0.1% (zero point one percent) for each day of delay in the transfer of vouchers from the cost \r\nof untransferred vouchers or demand that they be replaced with vouchers with \r\nother check-in dates, at the Buyer's choice. \r\n 8.3. If the Seller fails to transfer the vouchers to the Buyer within 10 (ten) calendar days from the first day for the transfer of the first part of the vouchers specified in the Voucher Transfer Schedule, the Seller is liable in accordance with Art. 395 of the Civil Code of the Russian Federation in relation to funds transferred by the Buyer. \r\n 8.4. If the Buyer fails to fulfill his obligations to \r\npay for the goods, he shall pay the Seller a penalty in the amount of 0.1% (zero \r\npoint one percent) for each day of delay in transfer \r\nof the cost of the transferred but not paid vouchers. \r\n \r\n 9. Force majeure circumstances \r\n \r\n 9.1. Neither Party is responsible for complete or \r\npartial failure to fulfill obligations under this Agreement if \r\n such failure results from events for which \r\n neither Party is responsible. \r\n 9.2. The party subjected to force majeure circumstances must notify the other party in writing within three business days after the occurrence of such circumstances. Moreover, the duration of force majeure circumstances is confirmed by certificates from the Chamber of Commerce and Industry of the Russian Federation. Failure to notify of the occurrence of force majeure circumstances deprives the Party subject to such circumstances of the right to refer to them in case of failure to fulfill its obligations under this Agreement. \r\n \r\n 10. Additional conditions \r\n \r\n 10.1. In the event of a change in addresses, bank details, \r\ntelephone numbers, the Parties shall notify each other in writing of such \r\nchange within three working days from the date of such change. \r\n 10.2. All annexes to this Agreement are an integral part of it, subject to their signing by authorized representatives of both Parties. \r\n 10.3. All changes and additions to this Agreement \r\n are drawn up in writing, in the form of additional agreements \r\nsigned by authorized representatives of the Parties, and are considered \r\nan integral part of this Agreement. \r\n 10.4. This Agreement may be terminated unilaterally by the Buyer in the event of failure or improper performance by the Seller of its obligations under this Agreement. \r\n 10.5. All controversial issues arising during the execution of this Agreement are resolved by the parties through negotiations. In \r\n case of failure to reach an agreement, the parties refer their consideration to the \r\n arbitration court. \r\n 10.6. This Agreement is drawn up in two identical copies, one of which is kept by the Seller, and the second by the Buyer. \r\n 10.7. All the appendices listed below are an integral \r\npart of this Agreement: \r\n Appendix 1 - Number and range of vouchers. \r\n Appendix 2 - Schedule of transfer of vouchers. \r\n Appendix 3 - Check-in schedule. \r\n Appendix 4 - Calculation. \r\n \r\n 11. Legal addresses, bank details \r\n and signatures of the Parties \r\n \r\n From the Seller: From the Buyer: \r\n

Last year, by order of the Government of the Russian Federation dated February 27, 2008 N 236-r, the List of goods (works, services) was approved, the placement of orders for supplies (execution, provision) of which is carried out through an auction. A year later, practice has shown that institutions have questions: what objects are included in this List, are there any exceptions to it, and what orders can be carried out without an auction. All these questions are answered by experts of the Legal Consulting Service GARANT I.V. Kotylo, A.Yu. Serkov.

An order can be placed (Part 1, Article 10 of Law No. 94-FZ of July 21, 2005 "") (hereinafter referred to as Law No. 94-FZ):

• through bidding in the form of a competition, auction, including an electronic auction;
• without bidding (request for quotations from a single supplier (performer, contractor), on commodity exchanges).

In accordance with Part 4 of Article 10 of Law N 94-FZ, placement of orders for the supply of goods, performance of work, provision of services for state or municipal needs, which are respectively produced, performed, or provided not according to specific requests from the customer or authorized body, for which there is a functioning market and which can be compared only by their prices, is carried out through an auction.

Lists of goods, works, services, placement of orders, respectively, for supplies, implementation, provision of which are carried out through an auction, are established by the Government of the Russian Federation. Order of the Government of the Russian Federation dated February 27, 2008 N 236-r approved the List of goods (work, services), the placement of orders for supplies (execution, provision) of which is carried out through an auction (hereinafter - the List). If objects are included in the list, placing orders for the supply of such goods, performing such work, providing such services for state or municipal needs through a competition is not permitted.

The customer has the right to place an order by requesting price quotes for goods, works, services, respectively, the production, implementation, provision of which are not carried out according to specific requests from the customer, the authorized body and for which there is a functioning market, if the price of the state or municipal contract does not exceed 500,000 rubles. In this case, the customer does not have the right, by requesting quotes, to place an order for the supply of goods of the same name, performance of work of the same name, or provision of services of the same name in an amount of more than 500,000 rubles during the quarter.

So, the norm of Part 4 of Article 10 of Law N 94-FZ contains a special ban on placing orders for state or municipal needs for the supply of goods (performance of work, provision of services) included in the List through a competition, but does not contain a ban on placing other specified in Law No. 94-FZ in a way. Therefore, we can conclude that placing an order for such goods (work, services) can be made by requesting quotes, as well as by placing an order with a single supplier (contractor, performer) (in cases provided for by Law).

Internet

If an institution is placing a government order for the provision of services to provide data transmission on the Internet worth up to 500,000 rubles, the question often arises whether the order can be placed by requesting quotes or by placing a government order with a single contractor without holding an auction.

The List includes communication services, except for services under codes 6412000, 6420000 of the All-Russian Classifier of Types of Economic Activities, Products and Services (OKVED). Among other things, OKVED code 6420019 specifies services for the transmission of data and other types of documentary messages, including the exchange of information between computers.

The Federal Antimonopoly Service, in a letter dated September 25, 2007 N IA/17329, indicated that in accordance with Part 2 of Article 42 of Law N 94-FZ, placing orders for the supply of goods, performance of work, provision of services for state and municipal needs included in the List , for an amount up to 500,000 rubles can be carried out both by holding an auction and by requesting quotes. The legality of placing a contract by requesting quotations for an amount of less than 500,000 rubles per quarter is also confirmed by arbitration practice (resolution of the Federal Antimonopoly Service of the Central District of August 1, 2008 in case No. A48-3976/07-7).

As for placing a government order with a single supplier (contractor, performer), a government contract in this case cannot be concluded. The fact is that in accordance with paragraph 14 of part 2 of Article 55 of Law N 94-FZ, the customer has the right to place a state order with a single supplier (contractor, performer), if the supply of goods, performance of work, provision of services for state or municipal needs is carried out in the amount , not exceeding the limit established by the Central Bank of the Russian Federation (CBR) for cash settlements in the Russian Federation between legal entities for one transaction. At the same time, orders for the supply of goods of the same name, performance of work of the same name, and provision of services of the same name during the quarter can be placed for an amount not exceeding the specified maximum amount for cash payments (100,000 rubles).

Repair

According to Part 4.1 of Article 10 of Law N 94-FZ, placing an order for construction, reconstruction, and major repairs of capital construction projects, including highways, temporary buildings, kiosks, sheds and other similar buildings, for state or municipal needs is carried out by holding an auction. Placement of an order for construction, reconstruction, and major repairs of particularly dangerous, technically complex capital construction projects, as well as artificial road structures included in federal, regional or intermunicipal, local highways is carried out through a competition or auction.

With regard to the current repair of capital construction projects for state or municipal needs, the issue of how to place an order is not regulated in Law No. 94-FZ. However, the List includes a code according to OKDP OK 004-93 "4500000 Construction services and construction projects", which includes code 4520080 "Construction of buildings and structures on a turnkey basis, including repairs (note: any) and reconstruction - ". This means that when placing orders for work, both for capital and current repairs of capital construction projects, the use of competition as a method of placing an order is not allowed (letter of the Ministry of Economic Development of Russia N 5683-AP/D05, FAS N ATs/10328 dated April 29, 2008 .).

However, according to officials, it is possible to place an order for construction, reconstruction, major (and current) repairs of capital construction projects without holding a tender (including by requesting quotations or from a single supplier (contractor)) (letters from the Ministry of Economic Development of Russia from July 16, 2008 N D05-2839, N D05-2840, D05-2841, dated June 9, 2008 N D05-2315, N D05-2314, N D05-2313, N D05-2312, N D05-2311, N D05-2310, N D05-2309, N D05-2308, dated May 23, 2008 N D05-2009, D05-1991, N D05-2010, D05-1989, N D05-2011, N D05-2008, N D05-2007, N D05-2012).

Pre-project services

Architectural planning work, development of design documentation and feasibility studies also raise many questions. According to the All-Russian Classifier of Economic Activities, Products and Services (OKDP) OK 004-93, code 4510120 “Architectural and planning work on site” is included in code 4510000 “Services for preparing a construction site prior to construction.” At the same time, similar works specified in code 4560220 “Architectural and planning solutions” are included in code 4560000 “Design documentation and feasibility study of products.” Codes 4510000 “Services for site preparation prior to construction” and 4560000 “Project documentation and feasibility study of products” are included in code 4500000 “Construction services and construction projects”. At the same time, types of work similar to those included in codes 4560220 and 4560000 are included in code 7421000 “Consulting and engineering services in the field of architecture, civil and industrial construction,” which, in particular, includes design work, drawing up drawings, planning of large and small cities, engineering services in the field of civil and industrial construction, including engineering surveys for the preparation of design documentation, etc. (code 7421000 is not included in the list).

Taking into account the discrepancies in OKDP OK 004-93 when including work related to architectural and planning work, the development of design documentation, including architectural and construction solutions and feasibility studies for various OKDP OK 004-93 codes, the Ministry of Economic Development of Russia and the FAS Russia clarify that when applying the list, customers have the right to place orders for work related to the development of design documentation (in particular, architectural and construction design, architectural planning work, etc.), as well as the development of a feasibility study according to code 4560000 OKDP OK 004-93 through a competition or auction (letter of the Ministry of Economic Development of Russia dated March 27, 2008 N 3663-AP/D05, FAS Russia dated March 25, 2008 N IA/6294).

At the same time, it should be taken into account that customers have the right to place these orders by requesting quotes or from a single supplier (contractor), subject to the restrictions on the use of these procedures established by Law N 94-FZ.
In addition, taking into account the footnote to code 4500000 in the List, placing orders for the performance of work included in code 4500000 “Construction services and construction projects” in relation to particularly dangerous, technically complex capital construction projects, as well as artificial road structures included in automobile roads of federal, regional or intermunicipal, local significance is carried out through a competition or auction.

Attention! When placing an order, design, survey and construction work can be combined into one lot, provided that these works are an integral part of the complex process of creating finished construction products and the corresponding order is placed through an auction (letter of the Ministry of Economic Development of Russia dated September 25, 2008 N D05-4076 ).

You can read the above documents in detail in or on the website.

Directive of the Central Bank of the Russian Federation dated June 20, 2007 N 1843-U “On the maximum amount of cash payments and the expenditure of cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur.”

Experts from the Legal Consulting Service GARANT
I. V. Kotylo, A. Yu. Serkov