The terms of reference is one of the main documents in any purchase, since it contains the requirements of the customer regarding the goods he needs, the production procedure and the results of work or services. At the same time, the procurement legislation not only does not regulate the preparation and content of the technical specifications, but does not mention it at all.
Nevertheless, it is also impossible to compile it absolutely arbitrarily, since there are rules for describing the purchased objects, which is its main part. The article discusses the mandatory requirements that must be taken into account when developing TK, as well as recommendations and sample samples of the technical specifications for 44-FZ.
General principles for the compilation of TK
The practice of procurement is such that the customer finds himself between two conflicting principles. On the one hand, the purpose of the purchase is to effectively meet the needs of the customer, which involves the supply of high-quality goods with all the necessary characteristics, the work of qualified specialists or the provision of services by masters of their craft. On the other hand, the customer must prevent the restriction of competition, which often leads to a detailed description of the procurement object.
In other words, the customer can establish any requirements, provided that they are objective and will allow participation in the procurement, if not all, then at least several potential performers.
Ways to describe characteristics in TK
As a rule, a typical sample of technical specifications is a list of characteristics and their values, expressed in specific indicators. For example, in relation to a desk, it can be its dimensions (length, width, height), material, design features (the presence of shelves, drawers, and so on).
However, contrary to popular belief, the TK text may not only represent figures in numbers and units of measurement. For example, in relation to a product, an indication of its name and purpose of use may suffice. Civil law in this case obliges the seller to transfer goods that are suitable for use precisely for these purposes. Moreover, its necessary characteristics will be determined by the seller.
A similar approach applies to the procurement of works or services (the customer can indicate the final result, as well as the goals and conditions for its further use).
Rules for the description of characteristics in TK
The legislation has established enough rules regarding the description of the procurement object, however, the main and general ones that apply in all cases without exception are only 2:
- you cannot make claims that only one specific product actually corresponds to (trademarks, manufacturer’s name, etc.), for example, the BMW 530d xDrive;
- performance requirements should be based on standards or technical regulations, for example, ware potatoes must comply with GOST 7176-2017.
To help customers, some standards contain a sample of technical specifications in accordance with GOST (for example, GOST R 56310-2014).
Exceptions
A trademark may be indicated simultaneously with the words "or equivalent", and also, if necessary, ensure the compatibility of purchased goods (spare parts, consumables and others) with those that are already available to the customer.
The requirements of GOSTs and technical regulations may not apply if they are not available for a particular procurement object or if the customer justifiably requires other characteristics not provided for by them.
Sample terms of reference for the purchase of potatoes
Delivery time: 12/20/2018
Place of delivery: Nizhny Novgorod region, Nizhny Novgorod.
Delivery conditions:
- Delivery of goods is carried out by road supplier at their own expense.
- The goods must be accompanied by documents confirming compliance with the requirements of applicable law.
| No. | Name of product | Product Features | Units rev. | number |
| 1 | Potatoes | GOST 7176-2017 | kg | 1000 |
Appearance. The tubers are whole, clean, fresh, healthy, peeled. The shape and color of the tubers is typical of the botanical variety. Tubers should not be sprouted, wilted, and also not be damaged by agricultural pests. Excessive external humidity, greening, and the presence of brown spots due to exposure to heat are not allowed. |
The size of the tubers in the transverse diameter: - not less than 35.0 mm;
- no more than 80.0 mm.
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The content of tubers with mechanical damage is allowed, the depth of which is more than 4 mm and the length is not more than 10 mm. Allowable content - no more than 2.0% |
The presence of tubers with the following disadvantages is not allowed: - greening more than 1/4 of the surface;
- damage by rodents;
- frostbite;
- steepness;
- signs of suffocation;
- damage by rot and late blight.
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Packaging. Goods must be packed in cloth bags. Packaging must comply with GOST 30090-93. Packaging should ensure the quality and safety of the goods during transportation. |
Sample terms of reference for the manufacture of evacuation plans
Production time: 12/20/2018
Place of delivery and installation: Nizhny Novgorod region, Nizhny Novgorod.
| No. | product name | Product Requirements | Units rev. | number |
| 1 | Evacuation plan | GOST R 12.2.143-2009 | PCS. | 5 |
The evacuation plan should be made in photoluminescent design. The brightness of the glow after turning off the light sources: - after 10 minutes at least 200 mcd / m2;
- after 60 minutes at least 25 mcd / m2;
- afterglow should last at least 1440 minutes.
The afterglow should be yellow-green or white. |
The content of the graphic part. Floor layout of the building indicating: - escape routes and exits;
- stairs, stairwells and emergency exits;
- evacuation plan locations;
- placements for fire-fighting, rescue and medical equipment.
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In the text part should be stated: - notification methods for emergencies;
- evacuation measures;
- emergency response algorithm;
- emergency power off procedure.
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The samples of the technical specifications are only approximate and can help to navigate the features of the compilation. There is no universal algorithm for the development of TK. This is a creative task that each customer has to solve in preparation for a specific purchase, based on their needs and interests.
Yes, errors are possible, or the subjective opinion of regulatory authorities may not be in favor of the customer. On the other hand, the lack of excessive regulation gives freedom to determine the parameters of the procurement object and get the result exactly by order.