In accordance with the provisions of paragraph 2 48 of the article of Federal Law No. 44, the customer purchases through the organization and holding of an open tender. The exception is cases for which Art. 93, 83, 84, 72, 56 and 57, as well as 59, determine other methods for its implementation.
Terminology
An open call is a competition in which procurement information is communicated by the customer to an unlimited number of entities. To do this, the relevant data is placed in the information system. In particular, this is a notice and tender documentation for an open tender. Let's consider them in more detail.
Notice
It is placed in the information system at least 20 days before the date of opening envelopes with applications or access to their electronic form. The notice shall indicate the information established by Article 42 of the Federal Law No. 44:
- Name, location, address (postal and electronic), contact phone numbers, information about the responsible person or specialized organization acting on behalf of the customer.
- A brief description of the terms of the contract.
- Identification code. It is indicated from Jan 1. 2016 year
- Restrictions on participation in the process of determining the supplier, contractor or contractor provided for in Federal Law No. 44.
- The method to be used in determining the winner.
- The procedure, place and deadline for filing applications.
- The rules for depositing and the amount of amounts to be paid in the form of security, the conditions of the bank guarantee. The latter is indicated if this method is applicable in accordance with the Federal Law No. 44.
- The value of ensuring the implementation of the terms of the contract, the rules for its provision, requirements for it. It also provides information on banking support.
Description of conditions
They indicate:
- Characteristics of the procurement object in accordance with the requirements of Article 33 of the Federal Law No. 44.
- Information about the place of delivery and the quantity of goods acting as the subject of the contract, the address of the work or services, the deadline for delivery / execution.
- Source of financing.
- Contract value.
If during the execution of the document it is impossible to determine the scope of work to be performed, the notice shall indicate the prices of spare parts for equipment, machinery, and the unit price of the service. In this case, the papers should contain information on the payment procedure. In particular, remuneration for the services rendered / work performed is carried out at the cost of their unit in accordance with their actual volume, at the cost of spare parts for machinery / equipment based on their total quantity provided in the process of implementation of the contract. At the same time, the amount of payment should not be higher than the maximum (initial) amount specified in the notice and documentation on the purchase.
Extra data
The notice also includes information on:
- Requirements for the participants, documents that they must provide.
- Methods of obtaining the necessary securities, the procedure, place and term for their presentation.
- The amount of payment (if provided) for the tender documentation.
- The languages in which the paper is provided.
- Time, date, place of opening envelopes or access to electronic applications, their consideration and evaluation.
- Restrictions, conditions, prohibitions on the admission of products manufactured in a foreign country or group of countries, services / work carried out by foreigners. Information about them is indicated if they are provided for in the tender documentation , in accordance with Art. 14 Federal Law No. 44.
- Benefits that are provided to certain categories of institutions. In particular, we are talking about the penal correction system, organizations of persons with disabilities, socially-oriented non-profit type societies, and small businesses.
The notice is formed together with the tender documentation. An event is not possible in the absence of these papers.
Nuances
Any participant in the event may apply for tender documentation . In this case, the customer may establish payment for its provision. If necessary, the participant has the right to request clarification of the tender documentation . The corresponding application is sent in writing. Within 2 days (working), the customer must respond to the request. Clarifications may be sent in writing or electronically. In this case, the request must be received from the participant no later than 5 days before the completion of registration. Within 1 day (working day) from the moment of sending the explanations, the customer places them in the information base. At the same time, he indicates the subject of the request, but does not provide data on the subject from whom he came. Published information should not alter the content of previously posted information.
Preparation of tender documentation
The papers primarily indicate the information present in the notice. In addition to these data, the tender documentation contains:
- The name and description of the procurement object, the terms of the contract, in accordance with Art. 33 Federal Law No. 44. Here, among other things, the initial / maximum price of the order is justified.
- Information about the currency that will be used in the formation of the contract value and settlements with contractors, suppliers, and contractors.
- The rules under which the official foreign exchange rate to the Russian ruble, as determined by the Central Bank and established for payment, will be applied.
- Provisions provided for in Article 51 of the Federal Law No. 44 regarding the content, composition, and form of the proposal by the participants. It also provides instructions on how to fill out forms. At the same time, the requirements of the tender documentation cannot limit the number of participants or their access to the event.
- Information about the ability of the customer to adjust the terms of the contract, in accordance with the provisions of the Federal Law No. 44.
- Data on the right to sign the agreements provided for in Part 10 of Article 34 with several participants in the event to carry out 2 or more research projects that make up 1 lot. Moreover, they should relate to one subject and be executed on the same conditions. Tender documentation should contain the number of such contracts. The cost of one agreement is indicated as the maximum (initial) one. All contracts must have the same price. The maximum (initial) value of the lot should be equal to the sum of all agreements.
- The term and procedure for withdrawing an application for participation, its return, including in the case of receipt after the completion of the established period for filing, and adjustments.
- Rules in accordance with which clarifications to the documentation are provided, the date of the beginning and end of the deadline for submission.
- The amount of security, information about the conditions of the bank guarantee (including the period of its validity).
- Indicators for evaluating applications, criteria for their importance, rules for consideration and analysis.
- The amount and terms of enforcement of the agreement.
- Information about the contract manager, the service responsible for signing the contract, the period during which the entity winning the tender must sign the agreement. It also indicates the conditions under which the participant will be deemed to have evaded the execution of the contract.
Special rules
Tender documents for the procurement of trust management services and a specialized depository for pension savings are executed in accordance with Federal Law No. 111. In particular, the content is regulated by 1 article. Papers that are drawn up to organize events for the selection of a subject for the provision of trust management services and a specialized depository for the authorized federal body are drawn up in accordance with Federal Law No. 117. In particular, the rules are established by Art. 24. Tender documentation for the organization of an event to determine the contractor of work related to the implementation of regular passenger transport, baggage transportation by cars, electric ground urban vehicles, is compiled in the manner prescribed by industry legislation. A draft contract must be attached to the documentation. If the event is organized for several lots, an agreement is provided for each of them.
Accommodation
Documentation is published in the information base by the customer along with the notice. Information should be available to participants without charging them. It is not allowed to provide documentation, including at the request of interested parties, before the notice is posted. After the date of publication of the notification, the customer is obliged to send him the necessary data in accordance with the submitted written application of any participant. The documentation is sent within two days from the date of receipt of the request according to the rules specified in the notice.
Submission Procedure
The documentation is sent on paper after the person concerned (who has submitted the request) has paid a fee for this (if the corresponding instruction is included in the notice). The electronic form is provided free of charge (except when information is transmitted on electronic media). The amount of payment for sending information on paper should not exceed the cost of the customer for making copies and delivery to an interested person by post.
Amendment of the tender documentation
The customer may decide to adjust the information no later than 5 days before the completion of registration of participants. It is not allowed to change the object, increase the value of securing applications. Within 1 day from the date of the decision on adjustment, new data is posted in the manner prescribed for the publication of the notice in the information base. Within two days, the approved change in the tender documentation is sent by registered letter or in electronic form to all participants who received the initial information.
Registration renewal
If the tender documentation has been adjusted, the customer must increase the period for filing applications. The term is extended so that from the moment of posting new information in the information base and until the registration completion date there should be at least 10 days. Exceptions to this rule may be established by Federal Law No. 44. If adjustments are made to a specific lot, the period for sending applications is extended only for it.