Where is the notice of an open tender posted? Determining the supplier through a tender. Amendments to the notice of an open tender

1. The concept of open competition

2. The procedure for holding an open tender under 44-FZ

3. Deadlines for holding an open tender under 44-FZ

4. Notice of an open tender

5. Tender documentation for an open tender

6. Information card of the open competition

7. Requirements for participants in an open tender

8. Application for participation in an open tender

9. Enforcement of the application and enforcement of the contract when participating in an open tender

10. Documents confirming the good faith of a participant in an open tender

11. Power of attorney to participate in an open tender

12. Criteria for evaluating applications during an open tender

13. Recognition of an open tender as invalid

14. Conclusion of a contract based on the results of an open tender

15. The difference between a tender and an auction under 44-FZ

Notice of an open tender

Tender documentation

Article 21

Article 22. Content of tender documentation

Article 23

Article 24

Article 25. Procedure for submitting applications for participation in the competition

Article 26

Article 27

Article 28. Evaluation and comparison of applications for participation in the competition

Article 29

Article 30

Article 31

The notice of an open tender shall contain the following information:

Amendments to the notice of an open tender

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

Additional requirements for the content of the tender documentation of an open tender in the course of procurement:

Provision of tender documentation at the request of an interested person

Making changes to the tender documentation

Submission of a request for clarification of the provisions of the tender documentation

An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely:

Registration of the competitive application of the participant

Application security

Enforcement of the contract

Cost criteria include:

Non-value criteria include:

Conducting a repeat competition

15.11.2020

For the purposes of this Federal Law, a tender is understood as an auction, the winner of which is the person who offered the best conditions for the execution of a state or municipal contract and whose application for participation in the tender was assigned the first number.
The competition may be open or closed. The customer, the authorized body has the right to place an order by holding a closed tender only in the case of placing an order for the supply of goods, performance of work, provision of services, information about which constitutes a state secret.
It is not allowed to collect from the participants in the placement of an order a fee for participation in the tender, with the exception of a fee for the provision of tender documentation in cases provided for by this Federal Law.
The customer, the authorized body may establish a requirement to make Money as security for an application for participation in a tender (hereinafter also referred to as the requirement to secure an application for participation in a tender). At the same time, the size of the security of the application for participation in the tender cannot exceed five percent of the initial price of the contract. If the customer, the authorized body establishes a requirement to secure an application for participation in the tender, such a requirement equally applies to all participants in the placement of the order and is indicated in the notice of an open tender and in an invitation to participate in a closed tender.
In order to prepare for the tender, including in the event that the customer, the authorized body are not able to draw up detailed specifications of goods, determine the characteristics of work (performance of complex research, development or technological works) or services in order to fully meet state or municipal needs, the customer, the authorized body may publish in the official print publication and post on the official website a message about their interest in holding a tender, indicating the deadline for submitting proposals on the technical, technological and quality characteristics of goods, works , services. Submitted proposals may be taken into account when determining the subject of the competition. After determining the subject of the tender, the customer, the authorized body make a decision on holding the tender. At the same time, the customer, the authorized body is not entitled to establish any advantages for the persons who submitted these proposals.
During the tender, any negotiations of the customer, authorized body, specialized organization or tender committee with the participant in the placement of the order are not allowed. In case of violation of this provision, the competition may be declared invalid at the claim of the interested person in the manner prescribed by law. Russian Federation.

The notice of an open tender is published by the customer, the authorized body, the specialized organization in the official printed publication and posted on the official website at least thirty days before the day of opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
When holding an open tender for placing orders for the supply of goods, performance of work, provision of services for municipal needs, the municipal customer, the authorized body, the specialized organization, within the time period established in part 1 of this article, are posted on the official website of the subject of the Russian Federation within whose boundaries the municipal education, notice of such an open competition.
A customer, an authorized body, a specialized organization is also entitled to publish a notice of an open tender in any medium. mass media, including in electronic media, provided that such publication and placement cannot be carried out instead of the publication and placement provided for in parts 1 and 2 of this article.
The notice of an open tender must contain the following information:
1. form of trading;
2. name, location, mailing address and address Email, contact phone number of the customer, authorized body, specialized organization;
3. source of funding for the order;
4. the subject of a state or municipal contract indicating the quantity of goods supplied, the volume of work performed, services rendered and brief characteristics such goods, such works, services;
5. the place, conditions and terms (periods) of the supply of goods, the performance of work, the provision of services;
6. form, terms and order of payment for goods, works, services;
7. initial price of the contract;
8. the term, place and procedure for the provision of tender documentation, the official website on which the tender documentation is posted, the amount, procedure and terms for making the fee charged by the customer, the authorized body for the provision of tender documentation, if such a fee is established;
9. place, procedure, start and end dates for filing applications for participation in the competition. At the same time, the deadline for filing applications for participation in the tender is established in accordance with Part 2 of Article 26 of this Federal Law;
10. criteria for evaluating applications for participation in the competition;
11. place, date and time of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition, place and date of consideration of such applications and summing up the results of the competition;
12. benefits provided by those involved in the production of goods, performance of work, provision of services to institutions of the penitentiary system and (or) organizations of the disabled, if such benefits are established by the customer, the authorized body. At the same time, the customer, the authorized body, in cases provided for by the Government of the Russian Federation, has the right to establish advantages for the specified categories of persons in relation to the proposed contract price in the amount of up to fifteen percent;
13. the size of the security of the application for participation in the tender, the term and procedure for depositing funds as security for such an application, the details of the account for transferring the specified funds in the event that the customer, the authorized body establishes the requirement to secure the application for participation in the tender;
14. the amount of security for the performance of a state or municipal contract, the term and procedure for its provision if the customer, the authorized body establishes a requirement for security for the performance of the contract. The amount of the contract performance security may not exceed thirty percent of the initial contract price specified in the notice of an open tender.
The customer, the authorized body that has officially published and placed on the official website notices of an open tender has the right to refuse to hold it no later than fifteen days before the deadline for filing applications for participation in the tender. A notice of refusal to hold an open tender is published and posted by a customer, an authorized body, a specialized organization, respectively, within five and two days from the date of the decision to refuse to hold an open tender in the manner established for official publication and posting on the official website of a notice of holding open competition. Within two days from the date of the adoption of the said decision by the customer, the authorized body, the envelopes with applications for participation in the tender are opened, access to the applications for participation in the tender submitted in the form of electronic documents is opened and appropriate notifications are sent to all participants in the placement of the order who submitted applications for participation in the tender . If the requirement to secure an application for participation in the tender is established, the customer, the authorized body shall return to the participants in the placement of the order the funds contributed as security for applications for participation in the tender, within five days from the date of the decision to refuse to hold an open tender.

Tender documentation is developed by the customer, authorized body, specialized organization and approved by the customer, authorized body.
The tender documentation must contain the requirements established by the customer, the authorized body for quality, technical specifications goods, works, services, requirements for their safety, requirements for functional characteristics (consumer properties) of goods, requirements for dimensions, packaging, shipment of goods, requirements for the results of work and other indicators related to determining the conformity of the goods supplied, work performed, services provided the needs of the customer.
The tender documentation must not contain an indication of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer, as well as requirements for the product, its manufacturer, information, works, services, if such requirements entail limiting the number of participants in placing an order. If the customer, the authorized body are not able to establish clear requirements and indicators provided for in paragraph 2 of this article, the tender documentation may contain indications of trademarks, service marks, trade names, patents, utility models, industrial designs, appellations of origin or the name of the manufacturer, which must be accompanied by the words "or equivalent", except in cases of incompatibility of goods on which other trademarks, service marks are used, and the need to ensure the interaction of such goods with goods used by the customer. The equivalence of goods is determined in accordance with the requirements and indicators established in accordance with paragraph 2 of this article.
The tender documentation must contain:
1. requirements for the content and form of an application for participation in the competition, including an application submitted in the form of an electronic document signed in accordance with the regulatory legal acts of the Russian Federation (hereinafter referred to as the electronic document), and instructions for filling it out;
2. requirements for the description by the participants in the placement of the order of the delivered goods, which are the subject of the tender, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, the requirements for the description by the participants in the placement of the order of the work performed, the services provided that are the subject of the tender, their quantitative and quality characteristics;
3. requirements for the term and (or) volume of providing guarantees for the quality of goods, works, services, for servicing goods, for the costs of operating goods (if necessary);
4. place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;
5. the procedure for setting the price of the contract, including with or without taking into account the costs of transportation, insurance, payment customs duties, taxes and other obligatory payments;
6. information about the currency used to form the contract price and settlements with suppliers (executors, contractors);
7. the procedure for applying the official foreign exchange rate to the ruble of the Russian Federation, established central bank Russian Federation and used when paying for a concluded state or municipal contract;
8. information about the right of the customer to unilaterally change the scope of work performed under the contract, services provided in accordance with Part 5 of Article 9 of this Federal Law;
9. the procedure, place, start and end dates for filing applications for participation in the tender in accordance with clause 9 of part 4 of article 21 of this Federal Law;
10. requirements for participants in placing an order, established in accordance with Article 11 of this Federal Law;
11. the procedure and deadline for withdrawing applications for participation in the competition, the procedure for making changes to such applications. At the same time, the deadline for withdrawing applications for participation in the tender is established in accordance with Part 9 of Article 25 of this Federal Law;
12. forms, procedure, start and end dates for providing participants in the placement of an order with clarifications of the provisions of tender documentation in accordance with Part 1 of Article 24 of this Federal Law;
13. place, procedure, dates and time of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition. Dates and times of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition are established in accordance with Part 1 of Article 26 of this Federal Law;
14. criteria for evaluating applications for participation in the tender, established in accordance with Parts 4-6 of Article 28 of this Federal Law;
15. the procedure for evaluating and comparing applications for participation in the competition;
16. the period from the date of signing the protocol of evaluation and comparison of applications for participation in the competition, during which the winner of the competition must sign the draft state or municipal contract. This period must be at least ten days.
A draft state or municipal contract must be attached to the tender documentation.
The information contained in the tender documentation must correspond to the information specified in the notice of an open tender.

In the event of an open tender, a customer, an authorized body, a specialized organization shall ensure that the tender documentation is posted on the official website within the period provided for by Part 1 of Article 21 of this Federal Law, simultaneously with the placement of a notice of an open tender. The tender documentation should be available for review on the official website without charging a fee.
From the date of publication of the notice of an open tender, the customer, the authorized body, on the basis of an application of any interested person submitted in writing, including in the form of an electronic document, within two days from the date of receipt of the relevant application, must provide such a person with tender documentation in the manner specified in the notice of the open tender. At the same time, the tender documentation is provided in writing after the participant in the placement of the order pays the fee for the provision of tender documentation, if such a fee is established by the customer, the authorized body and an indication of this is contained in the notice of an open tender, except for cases where tender documentation is provided in the form of an electronic document. The amount of the said fee shall not exceed the costs of the customer, the authorized body for making a copy of the tender documentation and delivering it to the person who submitted the said application by post. Provision of tender documentation in the form of an electronic document is free of charge.
Provision of tender documentation before publication and posting on the official website of the notice of an open tender is not allowed.
The tender documentation posted on the official website must comply with the tender documentation provided in the manner prescribed by part 2 of this article.
In case of violation of the requirements established by parts 1-4 of this article, an open tender may be declared invalid in established by law Russian Federation is fine.

Any participant in the placement of an order has the right to send in writing, including in the form of an electronic document, a request for clarification of the provisions of the tender documentation to the customer, the authorized body. Within two working days from the date of receipt of the specified request, the customer, the authorized body are obliged to send in writing or in the form of an electronic document clarifications of the provisions of the tender documentation, if the specified request was received by the customer, to the authorized body no later than five days before the deadline for filing applications to participate in the competition.
Within one day from the date of sending the clarification of the provisions of the tender documentation at the request of the order placement participant, such an explanation must be posted by the customer, the authorized body, the specialized organization on the official website indicating the subject of the request, but without indicating the order placement participant from which the request was received. Explanation of the provisions of the tender documentation should not change its essence.
The customer, the authorized body, on its own initiative or in accordance with the request of the participant in the placement of the order, has the right to make changes to the tender documentation no later than twenty days before the deadline for filing applications for participation in the tender. Within five working days from the date of the decision to make changes to the tender documentation, such changes are published and placed within two days by the customer, the authorized body, the specialized organization in the manner established for the publication and placement of a notice of an open tender, and sent by registered mail or in the form of electronic documents to all participants in the placement of the order, who were provided with tender documentation.

To participate in the tender, the participant in the placement of an order submits an application for participation in the tender within the period specified in the notice of an open tender in the form established by the tender documentation.
A participant in placing an order submits an application for participation in the competition in writing in a sealed envelope or in the form of an electronic document. At the same time, the name of the open tender for participation in which this application is submitted is indicated on such an envelope. It is not allowed to indicate on such an envelope the name (for legal entity) or last name, first name, patronymic (for an individual) of the order placement participant.
The application for participation in the competition must contain:
1. information and documents about the participant in the order placement that submitted such an application:
  - company name (name), information about the legal form, location, postal address (for a legal entity), last name, first name, patronymic, passport details, information about the place of residence (for an individual), contact phone number;
  - a notarized extract from the Unified State Register of Legal Entities (for legal entities), a notarized extract from the Unified State Register of Individual Entrepreneurs (for individual entrepreneurs), copies of identity documents (for other individuals), a duly certified translation into Russian of documents about state registration a legal entity or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign persons);
  - a document confirming the authority of the person to act on behalf of the order placement participant, if necessary;
  - documents confirming the qualifications of an order placement participant in the event of a tender for research, development or technological work, if the notice of an open tender and the tender documentation indicate such a criterion for evaluating applications for participation in the tender as the placement participant's qualification order;
2. proposal for functional characteristics(consumer properties) and quality characteristics of the goods, on the quality of work, services and other proposals on the conditions for the execution of a state or municipal contract, including an offer on the price of the contract. In the cases provided for by the tender documentation, also copies of documents confirming the compliance of goods, works, services with the requirements of the legislation of the Russian Federation, if the legislation of the Russian Federation establishes requirements for such goods, works, services;
3. documents or copies of documents confirming the compliance of the order placement participant with the established requirements and conditions for admission to the tender:
  - documents confirming the deposit of funds as security for an application for participation in the tender, if the notice of an open tender contains an indication of the requirement to secure such an application;
  - copies of documents confirming the compliance of the procurement participant with the requirement established by paragraph 1 of part 1 of Article 11 of this Federal Law, if the legislation of the Russian Federation establishes requirements for persons engaged in the supply of goods, performance of work, provision of services, and such goods, works, services are the subject of a competition;
  - documents confirming the compliance of the procurement participant with the requirement established in accordance with clause 1 of part 2 of Article 11 of this Federal Law, if such a requirement is established by the customer, the authorized body;
  - copies of documents confirming the compliance of the procurement participant with the requirement established in accordance with Part 3 of Article 11 of this Federal Law, if such a requirement is established by the Government of the Russian Federation.
It is not allowed to demand other documents from the participant in the placement of the order, with the exception of the documents provided for by Part 3 of this article.
Upon receipt of an application for participation in a tender submitted in the form of an electronic document, the customer, the authorized body must confirm in writing or in the form of an electronic document its receipt within one working day from the date of receipt of such an application.
An order placement participant has the right to submit only one application for participation in the tender in relation to each subject of the tender (lot). A procurement participant who can influence the activities of a specialized organization cannot apply for participation in the tender.
Acceptance of applications for participation in the tender is terminated on the day of opening the envelopes with such applications and opening access to applications submitted in the form of electronic documents for participation in the competition, subject to the provisions of Part 2 of Article 26 of this Federal Law.
Participants in placing an order who submitted applications for participation in the tender, the customer, the authorized body, the specialized organization are obliged to ensure the confidentiality of the information contained in such applications before opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition . Persons storing envelopes with applications for participation in the tender and applications for participation in the competition submitted in the form of electronic documents are not entitled to damage such envelopes and applications until they are opened in accordance with Article 26 of this Federal Law.
The participant in placing an order who submitted an application for participation in the tender has the right to change or withdraw the application for participation in the tender at any time until the tender commission opens the envelopes with applications for participation in the tender and opens access to applications submitted in the form of electronic documents for participation in the tender. If the requirement to secure an application for participation in the tender has been established, the customer, the authorized body are obliged to return the funds deposited as security for the application for participation in the tender to the order placement participant who withdrew the application for participation in the tender, within five days from the date of receipt by the customer , the authorized body for notification of the withdrawal of the application for participation in the tender.
Each envelope with an application for participation in the tender and each application for participation in the tender submitted in the form of an electronic document, received within the time period specified in the notice of an open tender, are registered by the customer, the authorized body. At the request of the participant in the placement of the order, who submitted the envelope with the application for participation in the tender, the customer, the authorized body issue a receipt for the receipt of the envelope with such an application, indicating the date and time of its receipt.
In the event that at the end of the deadline for submitting applications for participation in the competition, only one application for participation in the competition has been submitted or not a single application for participation in the competition has been submitted, the competition shall be declared invalid.
In the event that at the end of the deadline for filing applications for participation in the competition, only one application for participation in the competition is submitted, the envelope with the specified application is opened or access is opened to the application for participation in the competition filed in the form of an electronic document and the specified application is considered in the manner prescribed by Articles 27-28 of this Federal Law. If the specified application meets the requirements and conditions stipulated by the tender documentation, the customer, within three days from the date of consideration of the application for participation in the tender, is obliged to transfer to the procurement participant who submitted the only application for participation in the tender, a draft contract, which is drawn up by including the conditions execution of the contract proposed by such a participant in the application for participation in the tender, in the draft contract attached to the tender documentation. In this case, the state or municipal contract is concluded with the participant in the placement of the order that submitted the said application, taking into account the provisions of Part 4 of Article 29 of this Federal Law, on the terms and at the price of the contract, which are provided for in the application for participation in the tender and tender documentation, but the price of such a contract cannot exceed the initial price of the contract specified in the notice of an open tender. The participant in the placement of the order who submitted the said application is not entitled to refuse to conclude a state or municipal contract. The funds deposited as security for the application for participation in the tender are returned to the participant in the placement of the order within five days from the date of conclusion of a state or municipal contract with him. If such participant in the placement of an order fails to provide the customer with a signed contract within the time period stipulated by the tender documentation, as well as security for the performance of the contract if the customer, the authorized body has established a requirement to ensure the execution of the contract, such participant in the placement of the order is recognized as having evaded the conclusion of a state or municipal contract. In case of evasion of the participant in the placement of the order from the conclusion of the contract, the funds deposited as security for the application for participation in the tender will not be returned.

Publicly on the day, at the time and in the place specified in the notice of the open tender, the tender commission opens the envelopes with applications for participation in the competition and opens access to applications submitted in the form of electronic documents for participation in the competition. The opening of envelopes with applications for participation in the competition and the opening of access to applications submitted in the form of electronic documents for participation in the competition are carried out on the same day.
On the day of opening of envelopes with applications for participation in the competition and opening of access to applications for participation in the competition submitted in the form of electronic documents immediately before opening of envelopes with applications for participation in the competition and opening of access to applications for participation in the competition submitted in the form of electronic documents, but not earlier than the time specified in the notice of the open tender and the tender documentation, the tender commission is obliged to announce to those present when opening such envelopes and opening access to the applications for participation in the tender submitted in the form of electronic documents to the participants in placing the order about the opportunity to submit applications for participation in the tender, change or withdraw the submitted applications for participation in the competition before opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
The tender commission opens the envelopes with applications for participation in the competition and opens access to applications submitted in the form of electronic documents for participation in the competition, which were received by the customer, the authorized body before opening applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
Participants in placing an order who have submitted applications for participation in the tender, or their representatives have the right to be present at the opening of envelopes with applications for participation in the tender and opening access to applications submitted in the form of electronic documents for participation in the tender.
Name (for a legal entity), last name, first name, patronymic (for an individual) and postal address of each participant in the order placement, the envelope with the application for participation in the tender of which is opened or access to the application for participation in the tender submitted in the form of an electronic document is opened, the availability of information and documents provided for by the tender documentation, the conditions for the execution of a state or municipal contract specified in such an application and being a criterion for evaluating applications for participation in the competition, are announced when opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition and are recorded in the minutes of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
In the process of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition, information about the participants in placing an order who submitted applications for participation in the competition, about the availability of documents and information provided for by the competition documentation, can be immediately placed on the official site.
When opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition, the competition commission has the right to require participants to place an order to provide explanations of the provisions of the documents and applications submitted by them, including in electronic form, documents and applications for participation in the competition. In this case, it is not allowed to change the application for participation in the competition. The tender commission is not entitled to impose additional requirements on the participants in the order placement. It is not allowed to change the requirements for participants in the order placement specified in the tender documentation. These clarifications are entered into the minutes of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
The protocol for opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition is maintained by the competition commission and signed by all members of the competition commission present and the customer, the authorized body immediately after opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition. The specified protocol is posted by the customer, authorized body, specialized organization on the day of its signing on the official website.
The customer, the authorized body, the specialized organization are obliged to make an audio recording of the opening of envelopes with applications for participation in the tender and opening access to applications submitted in the form of electronic documents for participation in the tender. Any participant in the placement of an order who is present at the opening of envelopes with applications for participation in the tender and opening access to applications submitted in the form of electronic documents for participation in the competition has the right to make an audio and video recording of the opening of such envelopes and opening access to such applications.
Envelopes with applications for participation in the competition received after the end of acceptance of envelopes with applications for participation in the competition and applications for participation in the competition submitted in the form of electronic documents are opened, access to applications for participation in the competition submitted in the form of electronic documents is opened, and at the same day such envelopes and such applications are returned to participants in the order placement. If the requirement to secure an application for participation in the tender has been established, the customer, the authorized body are obliged to return the funds deposited as security for the application for participation in the tender to the specified participants in the placement of the order within five days from the date of signing the protocol of evaluation and comparison of applications for participation in competition.

The tender commission examines applications for participation in the tender for compliance with the requirements established by the tender documentation, and the compliance of the participants in placing an order with the requirements established in accordance with Article 11 of this Federal Law. The term for consideration of applications for participation in the competition may not exceed ten days from the date of opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.
Based on the results of consideration of applications for participation in the tender, the tender commission makes a decision on admission to participation in the tender of the participant in the order placement and on the recognition of the participant in the placement of the order that submitted the application for participation in the tender as a participant in the tender or on refusal to admit such participant in the placement of the order to participate in the competition. competition in the manner and on the grounds provided for in Article 12 of this Federal Law, as well as a protocol for consideration of applications for participation in the competition is drawn up, which is maintained by the competition commission and signed by all members of the competition commission present at the meeting and the customer, the authorized body on the day the consideration of applications for participation in the competition ends. participation in the competition. The protocol must contain information about the participants in the order placement that submitted applications for participation in the tender, the decision on the admission of the participant in the placement of the order to participate in the tender and on its recognition as a participant in the tender or on the refusal to admit the participant in the placement of the order to participate in the tender with the rationale for such a decision. The specified protocol on the day of the end of consideration of applications for participation in the tender is posted by the customer, the authorized body, the specialized organization on the official website. Order placement participants who submitted applications for participation in the competition and are recognized as participants in the competition, and participants in the order placement who submitted applications for participation in the competition and were not admitted to participate in the competition, are sent notifications of decisions made by the competition commission no later than the day following the day of signing the specified protocol.
If the requirement to secure an application for participation in the tender has been established, the customer, the authorized body shall be obliged to return the funds deposited as security for the application for participation in the tender to the order placement participant who submitted the application for participation in the competition and was not admitted to participate in the competition, in within five days from the date of signing the protocol specified in part 2 of this article.
In the event that, based on the results of consideration of applications for participation in the tender, a decision was made to refuse admission to participation in the tender of all participants in the placement of the order that submitted applications for participation in the tender, or on admission to participation in the tender and recognition of only one participant in the tender order that submitted an application for participation in the competition, the competition is recognized as invalid. At the same time, the customer, the authorized body, if the requirement to secure an application for participation in the tender has been established, are obliged to return the funds deposited as security for the application for participation in the tender to the participants in the placement of the order who submitted applications for participation in the tender, within five days from the date of recognition of the tender as invalid, with the exception of the participant in the placement of the order, recognized as a participant in the tender. The funds deposited as security for the application for participation in the competition are returned to the specified participant in the competition within five days from the date of conclusion of a state or municipal contract with him.
If the tender is declared invalid and only one bidder who submitted an application for participation in the tender is recognized as a bidder, the customer, within three days from the date of signing the protocol provided for in part 2 of this article, is obliged to transfer to such a bidder a draft contract, which is drawn up by including the conditions for the execution of the contract proposed by such a participant in the application for participation in the tender, in the draft contract attached to the tender documentation. At the same time, a state or municipal contract is concluded subject to the provisions of Part 4 of Article 29 of this Federal Law on the terms and at the price of the contract, which are provided for in the application for participation in the tender and tender documentation, but the price of such a contract cannot exceed the initial price of the contract specified in the notice of holding an open competition. Such a participant is not entitled to refuse to conclude a state or municipal contract. The funds deposited as security for the application for participation in the competition are returned to such a participant in the competition within five days from the date of conclusion of a state or municipal contract with him. If such a bidder fails to provide the customer with a signed contract within the time period stipulated by the tender documentation, as well as security for the performance of the contract if the customer, the authorized body has established a requirement to ensure the performance of the contract, such a bidder is recognized as having evaded the conclusion of a state or municipal contract. In the event that such a bidder evades from concluding a contract, the funds deposited as security for the bid for participation in the bidding shall not be returned.

The tender commission evaluates and compares the bids for participation in the tender submitted by the participants in the placement of the order, recognized participants in the tender. The period for evaluating and comparing such applications may not exceed ten days from the date of signing the protocol specified in Part 2 of Article 27 of this Federal Law.
Evaluation and comparison of applications for participation in the competition are carried out by the competition commission in order to identify the best conditions for the execution of a state or municipal contract in accordance with the criteria and in the manner established by the competition documentation.
If the notice of an open tender contains an indication of the benefits for institutions of the penitentiary system and (or) organizations of the disabled, when evaluating and comparing applications for participation in the competition, the competition commission must take into account such advantages in favor of applications for participation in the competition of the specified order participants.
In order to determine the best conditions for the performance of the contract proposed in the bids for participation in the tender, the tender commission must evaluate and compare such bids in accordance with the criteria specified in the notice of an open tender and in the tender documentation. In this case, the criteria for evaluating applications for participation in the competition can be:
1. functional characteristics (consumer properties) or qualitative characteristics of the goods, quality of work, services;
2. the cost of operating the goods;
3. product maintenance costs;
4. terms (periods) of delivery of goods, performance of work, provision of services;
5. the term for providing a guarantee of the quality of goods, works, services;
6. the volume of providing guarantees of the quality of goods, works, services;
7. contract price;
8. other criteria in accordance with the legislation of the Russian Federation on placing orders.
When conducting a tender for the performance of research, development or technological work in order to determine the best conditions for the execution of a contract in accordance with the tender documentation, the tender committee may also take into account such a criterion for evaluating bids for participation in the tender as the qualifications of tender participants, if such a criterion is provided for by the notice on holding an open tender, an invitation to take part in a closed tender and tender documentation.
It is not allowed to use other, except for those provided for in parts 4 and 5 of this article, criteria for evaluating applications for participation in the tender.
The procedure for evaluating applications for participation in the competition is established by the Government of the Russian Federation. When establishing the procedure for evaluating applications for participation in the competition, the Government of the Russian Federation provides for the types of criteria from those specified in parts 4 and 5 of this article and the meaning of such criteria depending on the types of goods, works, services.
Based on the results of evaluation and comparison of bids for participation in the tender by the tender commission, each bid for participation in the tender relative to others, as the degree of profitability of the terms of execution of the contract contained in them decreases, is assigned serial number. The application for participation in the competition, which contains the best conditions for the execution of the contract, is assigned the first number.
The winner of the competition is the participant of the competition who offered the best conditions for the execution of the contract and whose application for participation in the competition was assigned the first number.
The tender commission shall keep a record of the evaluation and comparison of applications for participation in the competition, which should contain information about the place, date, time of the assessment and comparison of such applications, about the participants in the competition, whose applications for participation in the competition were considered, about the conditions for the execution of the contract, proposed in such bids, on the criteria for evaluating such bids, on the decision taken on the basis of the results of the evaluation and comparison of bids for participation in the competition to assign serial numbers to applications for participation in the competition, as well as names (for legal entities), surnames, first names, patronymics (for individuals) and postal addresses of the participants of the competition, whose applications for participation in the competition were assigned the first and second numbers. The protocol is signed by all members of the tender commission and the customer, the authorized body within the day following the day of the end of the evaluation and comparison of applications for participation in the tender. The protocol is drawn up in two copies, one of which is kept by the customer, the authorized body. The customer, the authorized body, within three days from the date of signing the protocol, transfer to the winner of the tender one copy of the protocol and the draft contract, which is drawn up by including the conditions for the execution of the contract proposed by the winner of the tender in the application for participation in the tender, in the draft contract attached to the tender documentation.
The protocol of evaluation and comparison of applications for participation in the tender is posted on the official website and published in the official printed edition by the customer, the authorized body, the specialized organization, respectively, within one day and five days after the date of signing the specified protocol.
If the requirement to secure bids for participation in the tender has been established, the customer, the authorized body are obliged to return within five days from the date of signing the protocol of evaluation and comparison of bids for participation in the tender, the funds contributed as security for the bid for participation in the tender, to the participants tender, who participated in the tender, but did not become the winners of the tender, with the exception of the tender participant, whose application for participation in the tender was assigned the second number and to whom the funds deposited as security for the application for participation in the tender are returned in the manner prescribed by part 5 of article 29 of this Federal Law.
Any participant in the tender after the publication or placement of the protocol of evaluation and comparison of applications for participation in the tender has the right to send to the customer, to the authorized body in writing, including in the form of an electronic document, a request for clarification of the results of the tender. The customer, the authorized body, within two working days from the date of receipt of such a request, are obliged to provide the bidder in writing or in the form of an electronic document with the relevant explanations.
Any participant in the competition has the right to appeal the results of the competition in the manner prescribed by Chapter 8 of this Federal Law.
Minutes drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation, and clarifications of the competition documentation, as well as an audio recording of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the tender is kept by the customer, the authorized body for at least three years.

If the tender winner fails to provide the customer with a signed contract, transferred to him in accordance with Part 10 of Article 28 of this Federal Law, as well as a security for the performance of the contract within the time period stipulated by the tender documentation, if the customer, the authorized body has established a requirement to secure performance contract, the winner of the tender is recognized as having evaded the conclusion of a state or municipal contract.
If the winner of the tender is found to have evaded the conclusion of a state or municipal contract, the customer has the right to apply to the court with a claim to compel the winner of the tender to conclude a contract, as well as to compensate for losses caused by evading the conclusion of a contract, or to conclude a state or municipal contract with participant of the competition, whose application for participation in the competition was assigned the second number. At the same time, the conclusion of a state or municipal contract for a tender participant whose application for participation in the tender has been assigned the second number is mandatory. If the winner of the competition or the participant of the competition, whose application for participation in the competition has been assigned the second number, evades the conclusion of the contract, the funds deposited by them as security for the application for participation in the competition shall not be returned.
A state or municipal contract is concluded on the terms specified in the application for participation in the tender and in the tender documentation filed by the tender participant with whom the contract is concluded, subject to the provisions of Part 6 of Article 9 of this Federal Law.
In the event that the customer, the authorized body has established a requirement to ensure the execution of a state or municipal contract, the state or municipal contract is concluded only after the bidder with whom the contract is concluded provides a bank guarantee, liability insurance under the contract or transfers to the customer as a pledge of funds in the amount of ensuring the performance of the contract specified in the notice of an open tender. The method of ensuring the performance of the contract from the methods listed in this part is determined by such a tender participant independently. If the winning bidder or bidder to be contracted is state-financed organization and the customer, the authorized body established the requirement to secure the performance of the contract, the provision of security for the performance of the contract is not required.
If the requirement to secure an application for participation in the competition has been established, the funds contributed as security for the application for participation in the competition shall be returned to the winner of the competition within five days from the date of conclusion of a state or municipal contract with him. The funds deposited as security for the application for participation in the competition are returned to the participant in the competition, whose application for participation in the competition is assigned the second number, within five days from the date of conclusion of the state or municipal contract with the winner of the competition or with such participant in the competition.

A closed tender is held in agreement with the federal executive body authorized to exercise control over the placement of orders. Coordination of holding a closed tender is carried out in accordance with the procedure established by the federal executive body exercising regulatory legal regulation in the field of placing orders. At the same time, the term for such approval should not be more than ten working days from the date of receipt of the application for approval of holding a closed tender.
When holding a closed tender, the provisions of this Federal Law on holding an open tender shall apply subject to the provisions of this article.
A notice of a closed tender, tender documentation and changes made to the tender documentation, as well as clarifications of the tender documentation are not subject to publication in the media and on the Internet. Not later than thirty days before the day of opening the envelopes with applications for participation in the tender, the customer, the authorized body shall send in writing invitations to take part in the closed tender to persons who meet the requirements provided for by this Federal Law, have access to information constituting a state secret, and are able to supply goods, perform work, provide services that are the subject of the competition. These invitations must contain the information provided for by Part 4 of Article 21 of this Federal Law.
When holding a closed tender, it is not allowed to submit applications for participation in the tender in the form of electronic documents, as well as provide tender documentation, changes made to it, send requests for clarification of the provisions of the tender documentation and provide such clarifications in the form of electronic documents. Explanations of the provisions of the tender documentation must be brought in writing by the customer, the authorized body to the attention of all persons to whom the tender documentation has been provided, indicating the subject of the request, but without indicating the participant in the placement of the order from which the request was received.
The protocols drawn up in the course of a closed tender, as well as information received in the course of a closed tender, are not subject to publication in the media and posting on the Internet.
When holding a closed competition, it is not allowed to make audio and video recordings.

In cases where the tender is declared invalid and the state or municipal contract is not concluded with the sole participant in the tender or with the participant in the placement of the order who submitted the only application for participation in the tender, the customer, the authorized body has the right to announce a repeated tender or send documents on the tender and recognition of it as failed in the federal executive body authorized to exercise control in the field of placing orders (when placing orders for the supply of goods, performance of work, provision of services for federal needs), the executive authority of a constituent entity of the Russian Federation (when placing orders for the supply of goods, performance of work , provision of services for the needs of a subject of the Russian Federation) or a local government (when placing orders for the supply of goods, performance of work, provision of services for the needs of a municipality). In agreement with the specified body, the customer may decide to place an order with a single supplier (executor, contractor). At the same time, a state or municipal contract must be concluded with a single supplier (executor, contractor) on the terms stipulated by the tender documentation, the price of the concluded contract should not exceed the initial price of the contract indicated in the notice of an open tender or an invitation to take part in a closed tender. The procedure for agreeing on the possibility of concluding a state or municipal contract with a single supplier (performer, contractor) is established by the federal executive body that exercises legal regulation in the field of placing orders. At the same time, the period for such approval should not be more than ten working days from the date of receipt of the application for approval of the possibility of concluding a state or municipal contract with a single supplier (performer, contractor).
In the event of an announcement of a repeated tender, the customer, the authorized body has the right to change the conditions of the tender.

57. The applicant has the right to change or withdraw the application for participation in the competition at any time immediately before the start of the procedure for opening envelopes with applications for participation in the competition. The organizer of the competition shall return the funds deposited as security for the application for participation in the competition to the applicant who has withdrawn the application for participation in the competition within 5 working days from the date of receipt by the organizer of the competition of the notice of withdrawal of the application.

59. If before the beginning of the procedure for opening envelopes with applications for participation in the competition, no applications for participation in the competition have been submitted, the organizer of the competition, within 3 months from the date of the deadline for submitting applications, conducts a new competition in accordance with these Rules. At the same time, the organizer of the tender has the right to change the conditions for holding the tender and is obliged to increase the estimated amount of the fee for the maintenance and repair of the residential premises by at least 10 percent, in this case the amount of the fee for the maintenance and repair of the residential premises cannot exceed the amount of the fee for the maintenance and repair of the residential premises , which is established by the local government (in the subjects of the Russian Federation - the cities of federal significance Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities ) in accordance with Part 3 of Article 156 of the Housing Code of the Russian Federation, more than 1.5 times.

VII. The procedure for considering applications for participation in the competition

60. Applicants or their representatives have the right to be present at the opening of envelopes with applications for participation in the competition. Immediately before opening the envelopes with applications for participation in the competition, but not earlier than the time specified in the notice of the competition and in the competition documentation, the competition commission is obliged to announce to the persons present at the opening of such envelopes about the possibility of changing or withdrawing the submitted applications, as well as submit an application for participation in the tender to replace the withdrawn one before the start of the envelope opening procedure.

63. Name (for a legal entity), last name, first name, patronymic (if any) (for an individual entrepreneur) of each applicant, the envelope with the application for participation in the tender of which is opened, information and information on the availability of documents provided for by the tender documentation, are announced upon opening envelopes and are recorded in the protocol of opening envelopes with applications for participation in the competition.

64. When opening envelopes with applications for participation in the competition, the competition commission has the right to demand from the applicant present at its meeting clarifications of the information contained in the documents submitted by him and in the application for participation in the competition. In this case, it is not allowed to change the application for participation in the competition. The competition commission is not entitled to make additional requirements for applicants. It is not allowed to change the requirements for applicants provided for by the tender documentation. These clarifications are entered into the protocol for opening envelopes with bids for participation in the tender, drawn up in the form in accordance with Appendix No. 6 (hereinafter referred to as the protocol for opening envelopes).

65. The protocol of opening the envelopes is kept by the tender committee and signed by all present members of the tender committee immediately after opening all the envelopes. The protocol is posted on the official website by the organizer of the competition or on his behalf by a specialized organization on the day of its signing.

66. The organizer of the competition is obliged to make an audio recording of the procedure for opening envelopes with applications for participation in the competition. Any person present at the opening of envelopes with applications for participation in the competition has the right to make an audio and video recording of the opening procedure.

67. Envelopes with applications for participation in the competition, received after the beginning of the procedure for opening envelopes, are returned by the organizer of the competition to applicants on the day they are received. The organizer of the competition returns the funds deposited as security for the application for participation in the competition to the specified persons within 5 working days from the date of signing the protocol of opening the envelopes.

70. Based on the results of consideration of applications for participation in the competition, the competition commission decides to recognize the applicant as a participant in the competition or to refuse admission of the applicant to participate in the competition on the grounds provided for in paragraph 18 of these Rules. The tender commission draws up a protocol of consideration of applications for participation in the competition in the form in accordance with Appendix No. 7, which is signed by the members of the competition commission present at the meeting on the day the consideration of applications for participation in the competition ends.

The text of the specified protocol on the day of the end of consideration of applications for participation in the competition is posted on the official website by the organizer of the competition or, on his behalf, by a specialized organization.

Applicants not admitted to participate in the tender are notified of the decisions made by the tender commission no later than 1 business day following the day of signing the protocol for considering applications for participation in the tender.

71. If only one applicant is recognized as a participant in the competition, the organizer of the competition, within 3 working days from the date of signing the protocol for considering applications for participation in the competition, transfers to this applicant a draft apartment building management agreement, which is part of the competition documentation. At the same time, the contract for the management of an apartment building is concluded on the terms of the performance of works and services specified in the notice of the tender and tender documentation, for a fee for the maintenance and repair of the residential premises, the amount of which is indicated in the notice of the tender. Such a bidder is not entitled to refuse to conclude an agreement on the management of an apartment building.

72. The funds contributed as security for the application for participation in the tender are returned to the sole participant of the tender within 5 working days from the date of submission to the organizer of the tender of the draft contract for managing an apartment building signed by him and securing the fulfillment of obligations. If the tender organizer fails to submit to the tender organizer, within the period stipulated by the tender documentation, the draft contract for managing an apartment building signed by the tender participant, as well as ensuring the fulfillment of obligations, such a tender participant is recognized as evading the conclusion of the contract for managing an apartment building and the funds contributed by him as security for the application for participation in the tender, are not returned.

73. If, based on the results of consideration of applications for participation in the competition, a decision is made to refuse admission to participation in the competition of all applicants, the organizer of the competition shall conduct a new competition within 3 months in accordance with these Rules. In this case, the organizer of the competition has the right to change the conditions of the competition.

The organizer of the competition returns the funds deposited as security for the application for participation in the competition to applicants who are not admitted to participate in the competition within 5 working days from the date of signing the protocol for considering applications for participation in the competition.

VIII. Competition procedure

74. Only persons recognized as participants in the competition in accordance with the protocol for considering applications for participation in the competition can participate in the competition. The organizer of the competition is obliged to provide the participants of the competition with the opportunity to take part in the competition directly or through representatives. The organizer of the competition is obliged to make an audio recording of the competition. Any person present during the competition has the right to make audio and video recording of the competition.

76. The participants of the tender propose to establish the amount of the fee for the maintenance and repair of the residential premises for the implementation of the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, which is less than the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender, with a step-by-step reduction in the amount of payment for the maintenance and repair of residential premises by 0.1 percent (hereinafter referred to as the proposal).

In the event that after three times the announcement of the offer, which is the smallest in terms of the amount of the payment for the maintenance and repair of the residential premises (relative to that specified in the notice of the tender), none of the participants in the tender makes another proposal to reduce the amount of the payment for the maintenance and repair of the residential premises, the tender The commission announces that the tender participant who made the last offer is declared the winner of the competition.

77. During the competition, it is allowed to reduce the amount of the fee for the maintenance and repair of residential premises by no more than 10 percent of the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender. In the event of a decrease in the specified amount of payment for the maintenance and repair of residential premises by more than 10 percent, the tender is declared invalid, which entails the obligation of the tender organizer to hold a new tender in accordance with these Rules. At the same time, the organizer of the tender has the right to change the conditions for holding the tender and is obliged to reduce the estimated amount of the payment for the maintenance and repair of the dwelling by at least 10 percent.

83. The organizer of the competition, within 3 working days from the date of approval of the protocol of the competition, transfers to the winner of the competition one copy of the protocol and a draft contract for the management of an apartment building.

At the same time, the cost of each work and service included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, indicated in the contract for managing an apartment building, is subject to recalculation based on the fact that the total cost of work and services should be equal to the payment for the maintenance and repair of residential premises, the size of which is determined by the results of the tender, in cases where the tender participant is recognized as the winner in accordance with clauses 76 and these Rules.

85. The organizer of the competition is obliged to return, within 5 working days from the date of approval of the protocol of the competition, the funds contributed as security for the application for participation in the competition to the participants in the competition who did not become winners of the competition, with the exception of the participant in the competition who made the penultimate offer for the lowest amount of payment for maintenance and repair of residential premises, to which the funds are returned in the manner prescribed by paragraph 95 of these Rules.

86. The participant of the competition, after posting the protocol of the competition on the official website, has the right to send to the organizer of the competition in writing a request for clarification of the results of the competition. The organizer of the competition within 2 working days from the date of receipt of the request is obliged to provide such a participant in the competition with the relevant explanations in writing.

88. Minutes drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation and explanations of the competition documentation, as well as audio recordings of the procedure for opening envelopes with applications for participation in the competition and holding the competition are stored by the organizer of the competition in for 3 years.

89. The organizer of the competition, within 10 working days from the date of approval of the protocol of the competition, notifies all owners of the premises in apartment building and the persons who accepted the premises, on the results of an open tender and on the terms of the contract for managing this house by posting a draft contract in the manner prescribed by paragraph 40 of these Rules.

IX. Conclusion of a management agreement for an apartment building based on the results of a tender

90. The winner of the tender, the participant of the tender in the cases provided for in paragraphs 71 and these Rules, within 10 working days from the date of approval of the protocol of the tender, submits to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as a security for the fulfillment of obligations.

91. The winner of the tender, the participant of the tender in the cases provided for in clauses 71 and these Rules, within 20 days from the date of approval of the tender protocol, but not earlier than 10 days from the date of posting the tender protocol on the official website, sends the draft contracts for the management of the multi-apartment home to the owners of premises in an apartment building and persons who have accepted the premises, for signing the said contracts in the manner prescribed by Article 445 Civil Code Russian Federation.

92. In the event that the winner of the tender, within the period provided for in paragraph 90 of these Rules, did not submit to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as security for the fulfillment of obligations (a notarized copy of the liability insurance agreement or the deposit pledge agreement or an irrevocable bank guarantee ), he is recognized as having evaded the conclusion of an agreement on the management of an apartment building.

93. If the winner of the competition, recognized as the winner in accordance with paragraph 76 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of residential premises .

If the winner of the competition, recognized as the winner in accordance with clause 78 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who proposed the same amount of payment for the maintenance and repair of the residential premises as the winner of the competition and submitted application for participation in the competition next after the winner of the competition.

95. The funds contributed as security for the application for participation in the competition are returned to the winner of the competition and the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of the residential premises, within 5 working days from the date of submission to the organizer of the competition of the project signed by the winner of the competition contracts for managing an apartment building and ensuring the fulfillment of obligations.

96. The winner of the tender in the cases provided for in paragraphs 76 and these Rules (the participant in the tender in the cases provided for in paragraphs 71 and these Rules) undertakes to perform works and services included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules , for a fee for the maintenance and repair of residential premises in the amount proposed by such a winner (such a participant) of the competition.

Appendix No. 1
to the Rules for conducting local

I approve ____________________________________________________________ (position, full name of the head of the body ____________________________________________________________ of local self-government, which is the organizer of the competition, ____________________________________________________________ postal code and address, telephone, ____________________________________________________________ fax, e-mail address) "____" _________________ 200___ (date of approval) A to t on the state of the common property of the owners of premises in apartment building that is the object of the competition I. General information about the apartment building 1. Address of the apartment building _____________________________________ 2. Cadastral number of the apartment building (if any) _______ 3. Series, type of construction ____________________________________________ 4. Year of construction ___________________________________________________ 5. Degree of wear according to the state technical accounting ____ ________________________________________________________________________ 6. Degree of actual wear and tear _____________________________________ 7. Year of last overhaul _____________________________ 8. Details of the legal act on the recognition of an apartment building as emergency and subject to demolition ____________________________________________ 9. Number of floors _______________________________________________ 10. Basement _______________________________________________ 11. Basement floor ____________________________________________ 12. Attic ______________________________________________ 13. Mezzanine ______________________________________________ 14. Number of apartments ____________________________________________ 15. Number non-residential premises not included in the common property _______________________________________________________________ 16. Details of the legal act on the recognition of all residential premises in an apartment building as unfit for habitation ________________________ _______________________________________________________________________________ 17. The list of residential premises recognized as unsuitable for habitation (indicating the details of legal acts on the recognition of residential premises as unfit for habitation) ____________________________________________ 18. Building volume ______________________________ cub.m 19. Area: a) apartment building with loggias, balconies, closets, corridors and stairwells _____________________________________________ sq.m b) residential premises (total area of apartments) ____________________ sq.m c) non-residential premises ( total area of non-residential premises that are not part of the common property in an apartment building) ___________________ sq.m d) common areas ( total area of non-residential premises that are part of the common property in an apartment building) ___________________ sq.m 20. Number of stairs _________________________________________ pcs. 21. Cleaning area of stairs (including inter-apartment landings) _________________________________ sq.m 22. Cleaning area of common corridors _________________________ sq.m 23. Cleaning area of other common areas (including technical floors, attics, technical basements) ___________ sq.m 24. Area land plot, which is part of the common property of an apartment building __________________________________________________ 25. Cadastral number of the land plot (if any)

II. Technical condition of an apartment building, including extensions

Name of structural elements		Description of elements (material, structure or system, finish, etc.)	The technical condition of the elements of the common property of an apartment building

Foundation
External and internal main walls
Partitions
Overlappings
	attic
	interfloor
	basement








	internal
	outdoor

Mechanical, electrical, sanitary and other equipment
	floor baths
	electric stoves
	telephone networks and equipment
	wire broadcasting networks
	signaling
	garbage chute

	ventilation

Intra-house engineering communications and equipment for the provision of public services
	electricity supply
	cold water supply
	hot water supply
	drainage
	gas supply
	heating (from external boilers)
	heating (from the house boiler)

	heaters

___________________________________________________________________________ (position, full name of the head of the local self-government body authorized to establish _________________________________________________________________________ the technical condition of the apartment building that is the object of the competition) _____________________ ______________________ (signature) (full name) "_____" ______________________ 200__ M.P .

Appendix No. 2
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
(as amended April 3, 2013, December 14, 2018)

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works and services for the maintenance and repair of the common property of the owners of premises in an apartment building, which is the object of the competition

8. The amount of payment for the maintenance and repair of residential premises in an apartment building: _______________________________ rubles per sq. meter. (in numbers and words)

10. The participant of the tender who made the previous proposal on the amount of payment for the maintenance and repair of the living quarters: __________________________ ______________________________________________________________________________. (name of organization or full name of individual entrepreneur)

11. The participant of the competition who offered the same amount of payment for the maintenance and repair of the living quarters as the winner of the competition and who submitted an application for participation in the competition next after the winner of the competition: _______________________________________________________________________________ ______________________________________________________________________________. (name of the organization or full name of the individual entrepreneur) This protocol is drawn up in 3 copies on ______ sheets.

Chairman of the commission: ____________________________ ____________________________ (signature) (full name) Members of the commission: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ (signature) (full name) "___" _____________ 20___ M.P. The winner of the competition: _________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ____________________________ ____________________________ (signature) (full name) "___" ____________ 20___ M.P.

Hello dear colleague! In today's article, we will talk about participation in the most opaque, in my opinion, procurement procedure - an open tender under 44-FZ. Many beginners and even experienced participants try to avoid participation in open tenders due to the complexity of preparing bids and the presence of a subjective approach in evaluating these bids on the part of the customer. Therefore, in this article I tried to answer all the most common questions about this species procurement, I hope that the material will be useful not only to procurement participants, but also to customers. And so, let's get started...

Open competition — tender, in which information about the purchase is communicated by the customer to an unlimited number of persons by posting in a single information system(EIS) notices of such a tender, tender documentation and procurement participants are subject to uniform requirements (part 1 of article 48 of 44-FZ). The winner of the competition is the participant of the competition who offered the best conditions for the execution of the contract on the basis of the criteria specified in the competition documentation, and whose application for participation in the competition was assigned the first number (part 8 of article 53 44-FZ).

The very same procedure for holding an open tender is regulated by articles 48-55 of the 44-FZ.

As follows from Federal Law No. 44-FZ, this method of procurement is main and is carried out in all cases, except for the cases provided for in Articles 56, 57, 59, 72, 83, 84 and 93 of this Federal Law.

What are these exceptional cases?

The purchase refers to a tender with limited participation (Art. 56 44-FZ);
The purchase refers to a two-stage tender (Article 57 of 44-FZ);
The purchase refers to an auction in electronic form (Article 59 of 44-FZ);
The purchase refers to a request for quotations (Article 72 of 44-FZ);
Procurement refers to the request for proposals (Art. 83 44-FZ);
Procurement refers to closed methods for determining suppliers (Article 84 of 44-FZ);
The purchase refers to the purchase from a single supplier (Article 93 44-FZ).

According to the price distribution diagram of concluded contracts by methods of determining the supplier (placement of an order) for the period from 01/01/2015 to 09/29/2015, the open tender is in 3rd place in popularity (15.93% of the total number of purchases). The first place is occupied by an electronic auction (53.80%), and the second is the purchase from a single supplier (executor, contractor) (22.65%).

In this part of the article, I will describe step by step all the actions of the customer and the procurement participant during an open tender. Let's first consider the actions of the customer.

Customer actions:

Stage #1 — Preliminary preparation for the open tender

At this stage, the customer decides on the purchase and the form of its conduct, organizes and plans the forthcoming purchase, forms a tender commission (single commission), determines its composition and functioning, develops and approves the regulation on the commission, attracts specialized organization(if necessary).

Stage #2 — Preparation of documents

At this stage, the customer is developing and approving tender documentation ( general provisions, information card, sample forms, justification of the NMCC, terms of reference, draft contract, etc.).

Stage 3 — Publication of a notice of an open tender

At this stage, the customer places on the official website www.zakupki.gov.ru a notice of an open tender, as well as a complete set of tender documentation. From 2016, the placement of the notice and the necessary documents will take place in the Unified Information System (EIS).

Stage 4 - Reception and registration of applications

At this stage, the customer accepts relevant applications from persons wishing to take part in an open tender, registers them and issues receipts for their receipt.

Stage number 5 – Opening of envelopes with applications (opening access to applications submitted electronically)

At this stage, within the prescribed period, the customer performs the procedure for opening the envelopes with the participants' applications (opens access to applications submitted electronically).

Stage #6 — Consideration of applications and summing up

At this stage, the customer reviews and evaluates the applications received from the participants, determines the winner, draws up a protocol for the consideration and evaluation of applications and places it on the official website - www.zakupki.gov.ru (since 2016 in the EIS). The customer also refunds the funds deposited as security for bids to all participants, except for the winner, to whom such funds are returned after the conclusion of the contract.

Stage number 7 — Signing a contract with the winner

At this stage, the customer enters the necessary information into the draft contract and sends it to the winner, checks for the presence of the security for the performance of the contract or , signs the contract with the winner, and returns to the winner the money contributed as security for the application.

And so, we have dealt with the actions of the customer, now let's look at the actions of the procurement participant.

Actions of the procurement participant:

Stage #1 — Search for information about the ongoing competition

At this stage, the potential participant carries out and downloads the found tender documentation to his computer.

Stage #2 - Preparation of an application for participation in the competition

At this stage, the potential participant is engaged in the analysis of the tender documentation, sends to the customer requests for the provision of documentation or requests for clarification of the provisions of the tender documentation (if necessary), transfers funds as security for the application or draws up a bank guarantee, fills in the necessary forms, completes the application and seals it in an envelope (if the application is submitted in paper form).

In the case of filing an application in electronic form (if it is provided for by the tender documentation), the application must be signed, the receipt of which, the participant must take care of in advance.

Stage 3 - Filing an application

At this stage, the participant sends his application to the customer. He can do it personally, or using the Russian Post, or use the services of a courier service. An application can be submitted both before the day of opening the envelopes with applications, and directly on the day of opening at the very procedure for opening the envelopes with applications.

Stage 4 - Participation in an open competition

According to Art. 52 44-FZ in the process of opening envelopes, participants can submit an application for participation in the competition, change or withdraw a previously submitted application after the relevant announcement of the competition commission, as well as conduct audio and video recording of the opening of envelopes.

Stage number 5 – Sending a request to the customer for clarification of the results of the tender

According to Part 13 of Art. 53 Any bidder, including those who submitted a single application for participation in the competition, after posting in the EIS 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 a request in writing or in the form of an electronic document to the customer on giving explanations of the results of the competition.

Stage #6 - Conclusion of a contract with the customer

In the event that the procurement participant is declared the winner, he must receive from the customer a protocol for the consideration and evaluation of applications along with a draft contract. Then the winner must transfer money to the customer's account as a security for the performance of the contract, or provide a bank guarantee and send the signed contract to the customer along with a confirmation document on the provision of security for the performance of the contract. After the customer, for his part, has signed the contract, he must return the bid security to the winner.

Here we are with you and considered the procedure for holding an open competition. However, each of the stages discussed above has strictly regulated deadlines, which we will discuss below.

For ease of perception of information, all stages of the open tender, as well as the timing of these stages, are presented below in the form of a table. In the penultimate column there is a link to a specific paragraph of Law No. 44-FZ, in which these terms are established. The table elements below are clickable, i.e. Clicking on an image with the left mouse button will open it in full size.

Notice of an open tender (OK) is placed by the customer in the EIS not less than 20 days until the date of opening the envelopes with applications or opening access to applications submitted in the form of electronic documents. In addition, the customer also has the right to publish a notice of the OK in any media or websites, provided that such publication is carried out together with placement in the EIS.

1) information provided for in Article 42 44-FZ, namely:

information about the customer responsible official customer, specialized organization;
a summary of the terms of the contract;
purchase identification code (from January 1, 2017);
restriction of participation in the determination of the supplier (contractor, performer);
the method used to determine the supplier (contractor, performer);
the term, place and procedure for submitting bids of procurement participants;
the amount and procedure for depositing funds as security for applications for participation in the procurement, as well as the terms of the bank guarantee;
the amount of security for the performance of the contract, the procedure for providing such security, the requirements for such security, as well as information on banking support for the contract in accordance with Article 35 of 44-FZ.

2) requirements for open tender participants and an exhaustive list of documents to be submitted by the OC participants in accordance with paragraph 1 of part 1 of Article 31 of 44-FZ ( Note: is that the participant has the necessary permits, licenses, etc.), as well as the requirement for the participants of the OK in accordance with Part 1.1 (if there is such a requirement) of Article 31 of the 44-FZ ( Note: this requirement that the register of unscrupulous suppliers (contractors, executors) of information about the procurement participant be absent in the register provided for by 44-FZ);

3) methods of obtaining tender documentation, the term, place and procedure for providing tender documentation;

4) the fee (if it is 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 tender and (or) opening access to these applications submitted in the form of electronic documents, the date of consideration and evaluation of such applications;

7) the benefits provided by the customer in accordance with articles 28 - 30 of 44-FZ ( Note: these are advantages for enterprises of the penitentiary system, organizations of the disabled, small businesses and socially oriented non-profit organizations);

8) conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons, if these conditions, prohibitions, restrictions are established by the customer in the tender documentation in accordance with Article 14 44-FZ;

9) details of the account for depositing funds as security for the bids of participants in such a tender.

The customer has the right to decide to amend the notice of the OK not later than 5 days before the deadline for submitting applications for participation in the open tender. The number of amendments to be made to the notice has not been established by law; The customer can make changes to the notice as many times as needed.

Within one day from the date of adoption of the said decision, such changes are placed by the customer in the EIS. At the same time, the deadline for filing applications for participation in an open tender must be extended so that from the date of placement of such changes until the deadline for filing applications for participation in the MC, this period is at least 10 business days .

Important: If the customer makes changes to the notice, changing the object of procurement and increasing the amount of security for bids for participation in an open tender is not allowed.

The tender documentation is placed by the customer in the EIS simultaneously with the placement of the notice of the OK. The tender documentation must be available for review in the EIS without charging a fee.

1) the name and description of the object of procurement and the terms of the contract in accordance with Article 33 of 44-FZ, including the justification of the NMCC;

2) information about the currency used to form the price of the contract;

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

4) the content requirements provided for in Article 51 44-FZ, including the description of the proposal of the OC participant, the form, composition of the application for participation in an open tender and instructions for filling it out;

5) information about the possibility of the customer to change the terms of the contract in accordance with the provisions of 44-FZ;

6) information on the possibility of the customer to conclude contracts with several participants in an open tender for the performance of two or more research works constituting one lot in relation to one subject and with the same contract terms specified in the tender documentation;

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

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

9) criteria for evaluating applications for participation in an open tender, the magnitude of the significance of these criteria, the procedure for considering and evaluating applications for participation in an open tender in accordance with 44-FZ;

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

11) the amount and conditions of the contract performance security;

12) information about contract service, the contract manager responsible for the conclusion of the contract, the period during which the winner of the OC or another participant must sign the contract, the conditions for recognizing the winner of the OC or this participant as having evaded the conclusion of the contract;

13) information on the possibility of unilateral refusal to perform the contract in accordance with the provisions of parts 8 - 26 of article 95 of 44-FZ.

To tender documentation without fail draft contract must be attached , because it is an integral part of the tender documentation.

When making some purchases, in addition to the above information, the tender documentation must contain Additional information.

1) for the provision of services of a specialized depository and trust management of pension savings funds are established by Article 19 of the Federal Law of July 24, 2002 No. 111-FZ “On investing funds to finance the funded part of labor pensions in the Russian Federation”;

2) for the provision of specialized depository services rendered to the authorized federal body and trust management are established by Article 24 of the Federal Law of August 20, 2004 No. 117-FZ "On the savings and mortgage system of housing for military personnel";

3) for the performance of work related to the regular transportation of passengers and baggage by car and urban ground electric transport are established by federal law regulating relations for the organization of regular transportation of passengers and luggage by road transport and urban ground electric transport.

After the customer has posted a notice of the QA in the EIS, any interested person may send a written application to the customer for the provision of tender documentation.

Within 2 working days from the date of receipt of the relevant application, the customer is obliged to provide such a person with tender documentation in the manner specified in the notice of an open tender.

Tender documentation is provided on paper after payment by this person of the fee for the provision of tender documentation, if this fee is set by the customer and an indication of this is contained in the notice of the OC, except for the cases of submission of tender documentation in the form of an electronic document.

The amount of payment for the tender documentation on paper should not exceed the costs of the customer for making a copy of such documentation and delivering it to the person who filed the said application by post.

The provision of tender documentation in the form of an electronic document is free of charge, except for the fee that may be charged by the customer for the provision of tender documentation on an electronic medium (CD-disk, flash drive, memory card).

Important: The tender documentation posted in the EIS must fully comply with the tender documentation provided at the request of interested parties.

The customer has the right to decide on making changes to the tender documentation not later than 5 days before the deadline for submitting applications for participation in the open tender.

Within one day from the date of the decision to amend the tender documentation, such changes are posted by the customer in the EIS, and within 2 business days from this date are sent by registered mail or in the form of electronic documents to all participants who were provided with tender documentation ( Note: participants who downloaded the tender documentation from the EIS and did not send a request to the customer for the provision of tender documentation must track such changes on their own).

When making changes to the tender documentation, the deadline for filing applications for participation in the OC must be extended so that from the date of placement of such changes in the EIS until the deadline for filing applications for participation in the OC, this period is at least 10 business days , with the exception of cases provided for by 44-FZ.

Important: In case of making changes to the tender documentation, changing the object of procurement, increasing the amount of security for bids for participation in an open tender is not allowed.

Any participant in the open competition not later than 5 days before the deadline for submitting applications for participation in the OC, the Company has the right to send in writing to the customer a request for clarification of the provisions of the tender documentation.

Within 2 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 explanations of the provisions of the tender documentation.

Within one business day from the date of sending clarifications of the provisions of the tender documentation, such clarifications must be posted by the customer in the EIS indicating the subject of the request, but without indicating the person from whom the request was received.

Important: Explanations of the provisions of the tender documentation should not change its essence.

Information card of the open competition – The “heart of the tender documentation” is, as a rule, a summary table with basic data (excerpts) on the ongoing procurement. If the information contained in the information card has a discrepancy with the data indicated in the general part of the tender documentation, then it is necessary to be guided by the information indicated in the information card.

You can learn more about other parts of the tender documentation from the article about.

According to paragraph 4 of Article 3 of 44-FZ, any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of a legal entity registered in an offshore zone) or any individual, including registered as an individual entrepreneur.

General requirements to all procurement participants are established in article 31 of 44-FZ.

In order to take part in an open tender, a participant must prepare and submit his application for participation in the 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 tender documentation).

The OC participant has the right to submit only one application for participation in the OC in respect of each subject of the open tender (lot). Note: If it is established that one participant in an open tender has submitted two or more applications for participation in the MC in relation to the same lot, provided that the applications for participation in the competition submitted earlier by this participant have not been withdrawn, all applications for participation in the competition of this participant submitted in relation to the same lot, are not considered and returned to this participant.

The tender application should be filled out in accordance with the instructions for filling out the application attached to the tender documentation.

Charging fees from OC participants for participation in an open tender is not allowed, with the exception of fees for providing tender documentation in cases provided for by 44-FZ, which we discussed earlier in this article.

1) information and documents about the open tender participant who applied for participation in the OK, namely:

name, company name (if any), location, postal address (for a legal entity), TIN (if any) of the founders, members of the collegial executive body, the person acting as the sole executive body of the OC participant, full name (if any), passport details, place of residence (for individuals), contact phone number;

an extract from the Unified State Register of Legal Entities (EGRIP) or a notarized copy of such an extract received no earlier than 6 months before the date of placement in the EIS of a notice of an open tender, a copy of identity documents (for another individual), a duly certified translation into Russian language of documents on state registration of legal entities. person or individual persons as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);

a document confirming the authority of the person who signed the application;

documents confirming the compliance of an open tender participant with the requirements for tender participants established by the customer in the tender documentation in accordance with clause 1, part 1, art. 31 44-FZ, or copies of such documents ( Note: these are necessary permits, licenses, etc.), as well as a declaration of compliance of an open tender participant with the requirements established in accordance with paragraphs. 3 - 9 h. 1 tbsp. 31 of this Federal Law ( Note: you can download a sample of such a declaration in section paragraph 24);

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

a decision to approve or conclude a major transaction or a copy of such a decision;

documents confirming the right of the OC participant to receive benefits or certified copies of such documents ( Note: when providing such benefits to enterprises of the penitentiary system, organizations of the disabled, small businesses and socially oriented non-profit organizations);

documents confirming the compliance of the OC participant and (or) the goods, work or services 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 44-FZ, or certified copies of such documents;

a declaration of the affiliation of the OK participant to the SMP or SONO in the event that the customer establishes a restriction provided for by part 3 of article 30 of 44-FZ;

2) the price offer of the OC participant (in the case of the purchase of goods, also the unit price of the goods), the name of the country of origin of the goods;

3) in the cases provided for by the tender documentation, copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation (if there are such requirements for the specified product, work or service in accordance with the legislation of the Russian Federation). At the same time, it is not allowed to demand the presentation of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods;

4) if the offer of the participant is 25 percent or more lower than the NCMC, documents confirming the good faith of the participant in the open tender;

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

6) documents confirming the qualifications of the participant (if the tender documentation specifies such a criterion for evaluating applications). Note: the absence of these documents is not a basis for recognizing the application as not complying with the requirements of 44-FZ;

7) sketch, drawing, drawing, photograph, other image, sample, test of the goods, the purchase of which is carried out;

8) an inventory of the documents included in the application.

Important: It is not allowed to demand other documents and information from the OC participant, with the exception of the documents and information listed above.

All sheets of a written application for participation in an open competition, all sheets of a volume of such an application must be bound and numbered ( Important: improper fulfillment of the requirement that all pages of the application and volumes must be numbered is not a basis for refusing admission to participation in the OC). Note: you can download the sticker for flashing the documentation “Stitched and numbered” in section point 7;

The application for participation in the OC and the volume of such an application must contain an inventory of the documents included in them, be affixed with the seal of the OC participant if there is a seal (for a legal entity) and signed by the OC participant or a person authorized by the OC participant;

The signed application is sealed in an envelope that does not allow viewing the contents of the application before opening ( Important: refusal to accept and register an envelope with an application for participation in an open tender, which does not contain information about the person submitting it, and the requirement to provide relevant information is not allowed). Note: you can download a sample of the design of the envelope with the application in section point 8;

Important: It is not allowed to establish other requirements for the execution of an application for participation in an open tender, with the exception of the requirements for the execution of such an application provided for above.

The procedure for submitting an application for participation in the OK is specified in the tender documentation.

When conducting OK, the customer must establish requirements for securing applications. Securing an application for participation in the OK can be provided by the procurement participant by depositing funds or.

The choice of the method of securing an application for participation in the OK is carried out by the procurement participant independently. The requirement to secure a bid equally applies to all procurement participants.

The amount of the application security must be from 0.5% to 5% of the initial (maximum) contract price (IMCC) or, if the purchase is carried out among enterprises of the penitentiary system, organizations of the disabled, small businesses (SMEs) or socially oriented non-profit organizations (SONO), then the amount of the application security cannot exceed 2% of the initial (maximum) contract price .

The customer in the notice of an open tender, the tender documentation, the draft contract must establish the requirement to ensure the performance of the contract.

The execution of the contract can be ensured by the provision of a bank guarantee or by depositing funds to the account specified by the customer. The method of securing the performance of the contract is determined by the winner independently. The contract is concluded with the winner only after the performance of the contract has been provided.

The amount of the contract performance security must be from 5% to 30% NMTsK specified in the notice of procurement.

When, if NMTsK exceeds 50 million rubles , the customer is obliged to establish a requirement to secure the performance of the contract in the amount of from 10% to 30% NMTsK , but not less than the amount of the advance payment (if the contract provides for the payment of an advance payment).

If the advance payment exceeds 30% NMTsK, the amount of the security for the performance of the contract is set in the amount of the advance payment.

In the event that the price proposed in the bid of the procurement participant is reduced by 25 percent or more in relation to the NMTsK, the procurement participant with whom the contract is concluded provides one and a half times security for the performance of the contract or documents confirming the good faith of such a participant.

It is necessary to place documents confirming the good faith of the participant as part of the competitive application, subject to two conditions:

the initial maximum contract price (IMCC) does not exceed 15 million rubles;
A participant in an open tender proposed a contract price that is 25 percent or more lower than the NMCC.

The procurement participant can confirm his good faith by providing information on executed contracts for a certain period of time before the date of filing an application for participation in an open tender.

During the competition, the specified information must be provided by the participant directly as part of the application (part 4 of article 37 44-FZ).

Identification of the unreliability of the information provided when participating in an open tender entails the rejection of the participant's application.

A power of attorney to participate in an open tender can be of 3 types:

Power of attorney for the right to sign an application for participation in an open tender;
Power of attorney for the right to be present at the procedure for opening envelopes with applications / opening access to electronic applications;
Power of attorney for the right to act on behalf of the participant.

Power of attorney to sign must be included in the bid itself. In addition to the power of attorney, the application must also include a copy of the passport of the person to whom this power of attorney was issued. The power of attorney must be certified by the signature of the head and sealed (if any). Also, the application must be accompanied by documents confirming the authority of the head.

Power of Attorney for the right to be present at the procedure for opening envelopes with applications entitles a person to be physically present at the procedure of opening/opening access. This power of attorney is provided to the competition committee at the stage of registration of participants present at the opening / access procedure. In addition to the power of attorney itself, the person present at the opening procedure must also have an identity document - a passport. Sometimes they ask for it, sometimes they don't. But in any case, you should have it with you.

And finally power of attorney to act on behalf of the participant . This power of attorney gives the person broader powers than just being present at the opening / access opening procedure itself. In addition to being present, a person has the right to submit an application, withdraw an application or give explanations or clarifications to the commission during the process of opening / opening access, receive or transfer any documents. This power of attorney is also transferred to the competition commission at the stage of registration of participants present at the very procedure of opening / opening access. A passport will also be required to verify identity.

You can download all these powers of attorney in the section in paragraph 2.

Criteria for evaluating bids during an open tender can be cost and non-value.

contract price;
expenses for the operation and repair of goods (objects), the use of the results of work;
the cost of the life cycle of a product (object) created as a result of the work;
a proposal for the amount of relevant customer costs that the customer will incur or incur under the energy performance contract.

qualitative, functional and environmental characteristics of the procurement object:

a) the quality of goods (quality of work, quality of services);

b) functional, consumer properties of the goods;

c) compliance with environmental standards.

qualifications of procurement participants, including whether they have financial resources, equipment and other material resources belonging to them on the basis of ownership or on other legal grounds, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain level of qualification:

a) qualification of labor resources (managers and key specialists) offered for the performance of work, provision of services;

b) the experience of the participant in the successful delivery of goods, performance of work, provision of services of a comparable nature and volume;

c) the provision of the procurement participant with material and technical resources in terms of the availability of the procurement participant's own or leased production facilities, technological equipment necessary for the performance of work, the provision of services;

d) provision of the procurement participant labor resources;

e) business reputation of the procurement participant.

Decree of the Government of the Russian Federation No. 1085 dated November 28, 2013 approved the Rules for evaluating applications, final offers of participants in the procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the Evaluation Rules).

These Evaluation Rules apply to all purchases, except for purchases made through:

- auction;

— request for quotations;

- from a single supplier (contractor, performer);

- request for proposals (if the customer has established other criteria for evaluating applications that are not provided for by Part 1 of Article 32 of 44-FZ).

According to the Valuation Rules, the procurement documentation must necessarily contain the supplier (contractor, performer) used to determine criteria for evaluation and significance values of evaluation criteria .

The number of evaluation criteria used to determine the supplier (contractor, performer) in the course of procurement must be at least 2 , one of which should be the "contract price" evaluation criterion, and in some cases, the "life cycle cost" evaluation criterion.

In the procurement documentation regarding non-monetary evaluation criteria indicators can be provided , revealing the content of non-monetary evaluation criteria and taking into account the peculiarities of the evaluation of purchased goods, works, services according to non-monetary evaluation criteria.

The sum of the significance values of the evaluation criteria used by the customer must be 100%. The sum of the significance values of the indicators of the evaluation criterion should be 100%.

Also, the Application Evaluation Rules provide limit values the significance of cost and non-value evaluation criteria as a percentage.

Purpose of Application Evaluation – identification of the best terms of the contract execution proposed by the procurement participants.

Based on the results of evaluation of applications for participation in the competition, the competition commission assigns to each application for participation in the competition a serial number in descending order of the degree of profitability of the terms of contract execution contained in them.

The application for participation in the competition, which contains the best conditions for the execution of the contract, is assigned the first number. In the event that several bids for participation in the tender contain the same conditions for the execution of the contract, a lower serial number is assigned to the bid for participation in the tender, which was received earlier than other bids for participation in the tender containing the same conditions.

The winner of the competition is the participant of the competition who offered the best conditions for the execution of the contract on the basis of the criteria specified in the competition documentation, and whose application for participation in the competition was assigned the first number.

The issue of evaluating applications is quite complex and voluminous, and in order not to inflate this article to an incredible size, I have indicated only the key points. If we analyze the issue of evaluation in detail, then we will need a separate article, and maybe even a series of articles. Therefore, I recommend that you familiarize yourself with Decree of the Government of the Russian Federation No. 1085.

Below are the cases in which an open tender is declared invalid.

1. In the event that at the end of the deadline for submitting applications for participation in the OC, only one application for participation in the OC has been submitted or not a single such application has been submitted, the open tender is recognized as failed (part 13 of article 51).

Customer actions: In the event that the only submitted application is recognized as complying with the requirements of 44-FZ and the tender documentation, the customer concludes a contract with a single supplier (contractor, performer) in accordance with clause 25, part 1, art. 93 44-FZ.

In the event that by the end of the deadline for filing applications for participation in the tender, no such application has been submitted, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeat tender.

2. In the event that, based on the results of consideration of applications for participation in the tender, the tender committee rejected all such applications or only one such application meets the requirements specified in the tender documentation, the tender is declared invalid (part 6 of article 53).

Customer actions: If, based on the results of consideration of applications for participation in the tender, only one application is recognized as complying with the requirements of 44-FZ and tender documentation, the customer enters into a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Art. 93 44-FZ.

If, based on the results of consideration of applications for participation in the tender, the tender commission rejected all such applications, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeat tender.

3. In the event that the second participant (when the winner of an open tender evades concluding a contract with the customer) did not provide the customer with signed copies of the contract and enforcement of the contract within the prescribed period, the tender is declared invalid (part 6 of article 54).

Customer actions: If the participant of the tender, whose application for participation in the tender was assigned the second number, refused to conclude a contract, the customer makes changes to the schedule (if necessary, also to the procurement plan) and conducts a repeated tender.

The customer places a notice of a repeated tender in the EIS at least 10 days before until 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.

If the repeated tender is declared invalid, the customer must conduct a request for proposals.

The contract is concluded not earlier than 10 days and not later than 20 days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition. In this case, the contract is concluded only after the bidder provides security for the performance of the contract.

Within 10 days from the date of posting in the EIS the protocol of consideration and evaluation of applications for participation in the tender, the winner of the tender is obliged to sign the contract and submit all copies of the contract to the customer. At the same time, the winner of the tender, simultaneously with the contract, is obliged to submit to the customer documents confirming the provision of security for the performance of the contract. If the winner does not fulfill these requirements, then such a winner is recognized as having evaded the conclusion of the contract.

In this part of the article, I would like to say a few words about the difference between an open tender and electronic auction within the framework of 44-FZ.

First and the most important difference between these two procurement procedures are the criteria for evaluating the bids of participants. If in an electronic auction the contract price is the only criterion for evaluating participants' applications, then in an open tender, in addition to cost criteria, non-cost criteria are also used, such as participant qualifications, experience, etc.

Second An important difference is the way the procurement procedure is carried out. Electronic auctions within the framework of 44-FZ are held at 5 specialized state electronic platforms. In order to participate in electronic auctions, the participant must have electronic signature and he must be accredited at these venues. Participation in the competition also implies the possibility of submitting applications in electronic form, however, until the launch of the ENI, all competitions are held in paper form.

Third the difference is the timing of the procedures. The timing of an open tender compared to an electronic auction is much longer. So, for example, the placement of a notice of an OK is made by the customer in the EIS at least 20 days before the date of opening the envelopes with applications, and the notice of an electronic auction is placed at least 7 days in advance (if the NMCC does not exceed 3 million rubles ) and not less than 15 days (if the NMCC is more than 3 million rubles). Consideration and evaluation of applications for participation in the competition should not exceed 20 days from the date of opening the envelopes, consideration of 1 parts of applications for participation in an electronic auction no more than 7 days from the date of the deadline for filing applications, and consideration of 2 parts of applications no more than 3 working days from the date of posting on the electronic platform of the protocol of the electronic auction.

Fourth the difference is the method of securing the application. If, when participating in an open tender, a participant can provide bid security both in the form of cash and in the form of a bank guarantee, then when participating in an electronic auction, only cash is accepted as bid security.

Here I have given only the most important differences between an open tender and an electronic auction under 44-FZ, but there are other differences, but they are less significant.

On this, my article on participation in open competitions within the framework of 44-FZ came to an end. If you have any questions, then ask them below in the comments.

According to paragraph 2 of Art. 48 of Law No. 44-FZ, the customer purchases through an open tender, with the exception of cases for which Art. 56, 57, 59, 72, 83, 84 and 93 of this document establish other methods of procurement. Such cases were considered in the previous issue. In this article, we present the features of the development of tender documentation by the customer for procurement by the open tender method.

An open tender is understood as a tender in which information about the purchase is communicated by the customer to an unlimited circle of persons by placing a notice of such a tender and tender documentation in a single information system. Procurement participants are subject to the same requirements ( paragraph 1 of Art. 48 Law No. 44-FZ).

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

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 obligatory for use by customers ( paragraph 4 of Art. 48 Law No. 44-FZ).

For the development of tender documentation, the customer may involve a specialized organization on the basis of a contract concluded in accordance with Law No. 44-FZ.

A notice of an open tender is placed by the customer in the unified information system, as before, at least 20 days before the date of opening the envelopes with applications for participation in this tender or obtaining access to applications submitted in the form of electronic documents for participation in it ( Art. 49 of Law No. 44-FZ).

In the notice of an open tender, the customer indicates:

1) information provided for Art. 42 Law No. 44-FZ:

Name, location, postal address, e-mail address, contact phone number, information about the responsible official of the customer or specialized organization;

A summary of the terms of the contract, containing the name and description of the object of procurement, taking into account the requirements established Art. 33 of Law No. 44-FZ, information on the quantity and place of delivery of the goods that are the subject of the contract, on the place of performance of work or the provision of services that are the subject of the contract, as well as the timing of the delivery of goods or the completion of work or the schedule for the provision of services, the initial (maximum) price of the contract, the source of financing. If, at the conclusion of the contract, the scope of work to be performed on maintenance and (or) repair of machinery and equipment, provision of communication services, legal, medical, educational services, services Catering, translation services, services for the transport of goods, passengers and luggage, hotel services, evaluation services cannot be determined, in the notice of procurement and procurement documentation, the customer indicates the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service. At the same time, such notice and documentation must indicate that payment for work or service is carried out at the price of a unit of work or service based on the volume of work actually performed or service rendered, at the price of each spare part for machinery, equipment, based on the number of spare parts, the supply of which will be carried out during the execution of the contract, but in an amount not exceeding the initial (maximum) contract price specified in the notice of procurement and procurement documentation;

Procurement identification code - indicated from 01/01/2016;

Limitation of participation in the determination of the supplier (contractor, performer), established in accordance with Law No. 44-FZ;

The method used to determine the supplier (contractor, performer);

Deadline, place and procedure for submitting bids of procurement participants;

The amount and procedure for depositing funds as security for bids for participation in the procurement, as well as the terms of the bank guarantee (if this method of securing bids is applicable on the basis of Law No. 44-FZ);

The size of the security for the performance of the contract, the procedure for providing such security, the requirements for it, as well as information about the banking support of the contract;

2) requirements for open tender participants and an exhaustive list of documents to be submitted by these participants;

3) methods of obtaining tender documentation, the term, place and procedure for its submission;

4) the amount of the fee (if it is 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 tender and (or) obtaining 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 for institutions (penal institutions, disabled people, small businesses, socially oriented non-profit institutions);

8) conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons - if these conditions, prohibitions, restrictions are established by the customer in the tender documentation in accordance with Art. fourteen"Application of the national regime in the implementation of procurement" of Law No. 44-FZ.

The customer has the right to decide amending the notice on holding an open tender no later than five days before the deadline for filing applications for participation in an open tender.

Within one day from the date of adoption of the said decision, these changes are placed by the customer in the manner established for placing a notice of an open tender. At the same time, the deadline for submitting applications for participation must be extended so that from the date of placement of changes to the date of its expiration it is at least ten working days, or, if changes are made to the notice of an open tender only in relation to a specific lot, the deadline for submitting applications for participation in an open tender regarding this lot must also be extended.

Changing the object of procurement and increasing the amount of security for bids for participation in an open tender is not allowed ( paragraph 4 of Art. 49 of Law No. 44-FZ).

Procurement object description rules. Article 33 of Law No. 44-FZ it is established that the customer, when describing the procurement object in the procurement documentation, must be guided by the following rules:

1) the description of the procurement object must be objective. The description indicates the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary). The description does not include requirements or indications regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin of a product or manufacturer, as well as requirements for goods, information, works, services, provided that these requirements entail limiting the number of procurement participants (unless there is another way that provides a more accurate and clear description of the characteristics of the procurement object). The tender documentation may contain an indication of trademarks, if in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not recognized as the subject of the contract. A prerequisite is the inclusion of the words “or equivalent” in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and Supplies to the machines and equipment used by the customer, in accordance with the technical documentation for them;

2) to use, if possible, when drawing up the description of the procurement object, standard indicators, requirements, symbols and terminology relating to the technical and qualitative characteristics of the procurement object established in accordance with technical regulations, standards and other requirements provided for by the legislation of the Russian Federation on technical regulation. If the customer, when describing the procurement object, uses indicators, requirements, symbols and terminology that do not meet the standards, he must justify the need for their use in the procurement documentation;

3) description of the object of procurement may include specifications, plans, drawings, sketches, photographs, results of work and testing, requirements, including those regarding testing, test methods, packaging in accordance with the provisions of the Civil Code of the Russian Federation, marking, labels, confirmation compliance, processes and production methods in accordance with technical regulations, standards, specifications, as well as with regard to symbols and terminology;

4) the procurement documentation must contain an image of the supplied goods, which allows to identify it and prepare an application, a final offer (if such documentation contains a requirement that the supplied goods correspond to the image of the goods for the supply of which the contract is concluded);

5) the procurement documentation must contain information about the place, start and end dates, procedure and schedule for the participants in the procurement to inspect a sample or mock-up of the goods for the supply of which the contract is concluded (if such documentation contains a requirement that the supplied goods comply with the sample or mock-up of the goods, for the supply which the contract is concluded);

6) if medicinal products are the object of procurement, the procurement documentation must contain an indication of their international non-proprietary names or, in the absence of these names, to chemical, grouping ones;

7) unless otherwise provided by the description of the procurement object, the delivered goods must be new (not used, under repair, not reconstructed, without replacement of components or restoration of consumer properties).

Name of works and services

Periodicity of performance of work and provision of services

Annual fee (rubles)

Cost per 1 sq. meter of total area (rubles per month) ________________________________________________________________________, (organizational and legal form, name / trade name of the organization or full name of an individual, details of an identity document) ______________________________________________________________________________, (location, postal address of the organization or place of residence of an individual entrepreneur) _________________________________________________________________________ (phone number) declares participation in the competition for the selection of a managing organization to manage an apartment building (s) located at: ____________________________________________ ____________________________________________________________________________. (address of the apartment building) Funds deposited as security for the application for participation in the competition, please return to the account: ____________________________________ ______________________________________________________________________________. (bank account details) 2. Bidder's proposals under the terms of an apartment building management agreement ___________________________________________________________________________ (description of the method proposed by the applicant as a condition of the contract _____________________________________________________________________________ for the management of an apartment building for the payment by _______________________________________________________________________________ of the owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and a contract for the rental of residential premises of state or municipal housing stock for the maintenance and repair of residential premises and public utilities ) I propose that the owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and an agreement on the rental of residential premises of the state or municipal housing fund pay for the maintenance and repair of residential premises and utility services to the account of ___________________________________ _________________________________________________________________________ (details of the applicant's bank account) Hereby __________________________________________________________ (legal form, name (company name) _______________________________________________________________________________ organization or full name of an individual, details of an identity document) agrees to be included in the list of organizations for the management of an apartment building, in respect of which the owners of premises in an apartment building the method of controlling such a house is not selected or the selected method of control control is not implemented, a managing organization has not been determined, in accordance with the Rules for determining a managing organization for managing an apartment building, in respect of which the owners of premises in an apartment building have not chosen a way to manage such a house or the chosen management method has not been implemented, a managing organization has not been determined, approved by a Government decree of the Russian Federation dated December 21, 2018 N 1616 "On approval of the Rules for determining the managing organization for managing an apartment building, in respect of which the owners of the premises in the apartment building have not chosen the method of managing such a house or the chosen method of management has not been implemented, the managing organization has not been determined, and about amendments to some acts of the Government of the Russian Federation". The following documents are attached to the application: 1) an extract from the Unified State Register of Legal Entities (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur): _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 2) a document confirming the authority of a person to act on behalf of a legal entity or an individual entrepreneur who submitted an application for participation in the competition: _____________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 3) documents confirming the deposit of funds as security for the application for participation in the tender: _________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 4) copies of documents confirming the applicant's compliance with the requirement established by subparagraph 1 of paragraph 15 of the Rules for holding an open tender by a local government body for the selection of a management organization to manage an apartment building, if the federal law establishes requirements for persons performing work, rendering services stipulated by the contract management of an apartment building: _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 5) approved balance sheet for the last year: _______________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________. ___________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ________________________ _______________________________________ (signature) (full name) "_____" ______________________ 200___ M.P.

Appendix No. 5
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
Receipt on receipt of an application for participation in the competition for the selection of a manager This receipt is issued to the applicant ______________________________ _____________________________________________________________________________ (name of organization or full name of individual entrepreneur) _______________________________________________________________________________ in that, in accordance with the Rules for holding an open tender by a local government body for the selection of a management organization for managing an apartment building, approved by Decree of the Government of the Russian Federation dated 6 February 2006 N 75, _____________________________________________________________________________ (name of the organizer of the competition) received (a) from him (her) a sealed envelope with an application for participation in an open competition for the selection of a management organization to manage an apartment building (apartment buildings) _________________________ _________________________________________________________________________ (address of an apartment building) Application for registered "____" ____________ 200__ in __________________ _______________________________________________________________________________ (name of the document in which the application is registered) under the number ____________________________________________________________. The person authorized by the organizer of the competition to accept applications for participation in the competition
Appendix No. 6
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
Protocol opening envelopes with applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the commission: __________________________________________________________ __________________________________________________________ ___________________________________________________, (full name of members Commission) in the presence of applicants: _____________________________________________________________________________ _________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) drew up this protocol stating that at the time of opening the envelopes with applications for participation in the competition, the following applications: 1. ________________________________________________________________ 2. ___________ ________________________________________________________ 3. ________________________________________________________________. (name of the applicants, number of pages in the application) Explanation of the information contained in the documents submitted by the applicants: _______________________________________________________________ _______________________________________________________________________________ ____________________________________________________________________________. This protocol is drawn up in two copies on _____ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name, signature) "____" ________________ 200 ___ M.P.
Appendix No. 7
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management

Protocol
consideration of applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the commission) in the presence of applicants: _____________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) _____________________________________________________________________________ drew up this protocol stating that, in accordance with the protocol for opening envelopes with applications for participation in the competition received applications for participation in the competition about t the following organizations and individual entrepreneurs: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of applicants, number of pages in the application) Based on the decision of the competition commission, the following applicants were recognized as participants in the competition: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of organizations or full name of individual entrepreneurs, rationale for the decision) Based on the decision of the competition commission, the following applicants were not allowed to participate in the competition: 1. _________________________________________________________________ (name of organizations or full name of an individual entrepreneur) due __________________________________________________________ (reason for refusal) 2. _________________________________________________________________ (name of organizations or full name of individual entrepreneurs) in connection with _______________________________________________________________. (reason for refusal) This protocol is drawn up in two copies on _________ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name , signatures) "____" ________________ 200 ___ M.P.
in order

Name of company

The amount of payment for the maintenance and repair of residential premises

(rubles per sq. meter)

Date and time of submission of the application for participation in the competition

Contents of the tender documentation. The tender documentation, along with the information specified in the notice of an open tender, must contain ( Art. 50 of Law No. 44-FZ):

Name and description of the object of procurement and the terms of the contract, including the rationale for the initial (maximum) price of the contract;

Information about the currency used to form the contract price and settlements with the supplier (contractor, performer);

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

Requirements for the content, including the description, proposals of an open tender participant, the form and composition of an application for participation in an open tender, as well as instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in an open tender or restricting access to participation in an open tender;

Information about the possibility of the customer to change the terms of the contract in accordance with the provisions of this law;

The procedure and deadline for withdrawing applications for participation in an open tender, the procedure for their return (including those received after the deadline for submission), the procedure for making changes to them;

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

Criteria for evaluating applications for participation in an open tender, the magnitude of the significance of such criteria, the procedure for considering and evaluating applications in accordance with this law;

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

The size and conditions of ensuring the performance of the contract;

Information about the contract service, the contract manager responsible for the conclusion of the contract, the period during which the winner of an open tender or another participant with whom a contract is concluded must sign it, the conditions for recognizing the winner of an open tender or a participant as having avoided concluding a contract;

Information about the possibility of unilateral refusal to perform the contract in accordance with the provisions p. 8 - 26 Art. 95.

The tender documentation must be accompanied by a draft contract (in the case of an open tender for several lots, a draft contract for each lot), which is an integral part of it ( paragraph 2 of Art. 50 of Law No. 44-FZ).

Placement of tender documentation. Placement of tender documentation in a single information system is carried out by the customer simultaneously with the placement of a notice of an open tender. The tender documentation must be available for review in a single information system without charging a fee. Provision of tender documentation (including at the request of interested parties) prior to the placement of this notice is not allowed.

After the date of placement of the notice, the customer, on the basis of a written application of any interested person, within two working days from the date of receipt of the relevant application, is obliged to provide such a person with tender documentation in the manner specified in the notice of an open tender.

The tender documentation posted in the unified information system must fully comply with the tender documentation provided at the request of interested parties ( paragraph 5 of Art. 50 of Law No. 44-FZ).

Changes in the tender documentation. As we said earlier, the customer has the right to decide on making changes to the tender documentation no later than five days before the deadline for filing applications for participation in an open tender ( paragraph 6 of Art. 50 of Law No. 44-FZ).

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 placing a notice of an open tender, and within two working days from this date they are sent by registered mail or in the form of electronic documents to all participants, who were provided with tender documentation. The deadline for filing applications for participation in an open tender must be extended so that from the date of placement of changes in the unified information system until the deadline for filing applications for participation in an open tender, this period is at least 10 working days. If these changes are made to the tender documentation for a specific lot, the deadline for submitting applications for participation in an open tender must be extended for a specific lot.

It is not allowed to change the object of procurement and increase the amount of security for bids for participation in an open tender ( paragraph 6 of Art. 50 of Law No. 44-FZ).

Explanations of the provisions of the tender documentation. Any participant in an open tender may send a written request to the customer for clarification of the provisions of the tender documentation.

Within two working days from the date of receipt of this request, the customer is obliged to send in writing or in the form of an electronic document clarifications of the provisions of the tender documentation, if the request was received no later than five days before the deadline for filing applications for participation in an open tender ( paragraph 7 of Art. 50 of Law No. 44-FZ).

Within one working day from the date of sending clarifications to the provisions of the tender documentation, such clarifications must be posted by the customer in a single information system indicating the subject of the request, but without the person from whom it was received. Explanations of the provisions of the tender documentation should not change its essence ( paragraph 8 of Art. 50 of Law No. 44-FZ).

Federal Law No. 44-FZ of 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

of this Federal Law, including the rationale for the initial (maximum) price of the contract, the initial prices for units of goods, work, services;

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

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

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

6) information on the possibility of the customer to conclude contracts specified in Part 10 of Article 34 of this Federal Law with several participants in an open tender for the performance of two or more research works constituting one lot in relation to one subject and with the same contract terms specified in the tender documentation (hereinafter referred to as the exploratory research work), indicating the number of these contracts. In this case, the initial (maximum) price of one contract is indicated as the initial (maximum) contract price. At the same time, the initial (maximum) price of all contracts for the performance of exploratory research works 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 this lot;

11) the amount and terms of securing the performance of the contract, including each contract in the cases provided for in clause 6 of this part, based on the initial (maximum) price of the lot in proportion to the number of these contracts, taking into account the requirements of part 6 of article 96 of this Federal Law;

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

(see text in previous edition)

1) for the provision of services of a specialized depository and trust management of pension savings funds are established by Article 19 of the Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance the funded part of labor pensions in the Russian Federation";

2) for the provision of specialized depository services rendered to the authorized federal body and trust management are established by Article 24 of the Federal Law of August 20, 2004 N 117-FZ "On the savings and mortgage system of housing for military personnel";

3) for the performance of work related to the implementation of regular transportation of passengers and luggage by road transport and urban ground electric transport, are established by federal law regulating relations for the organization of regular transportation of passengers and luggage by road transport and urban ground electric transport.

3. Placement of tender documentation in a single information system is carried out by the customer simultaneously with the placement of a notice of an open tender. The tender documentation must be available for review in a single information system without charging a fee. Provision of tender documentation (including at the request of interested parties) prior to the placement of a notice of an open tender is not allowed.

4. After the date of placement of a 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 a person with tender documentation in the manner specified in the notice of an open tender. At the same time, 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 set by the customer and an indication of this is contained in the notice of an open tender, except for cases where tender documentation is provided in the form of an electronic document. The amount of this fee must not exceed the costs of the customer for making a copy of the tender documentation and delivering it to the person who submitted the said application by post. The provision of tender documentation in the form of an electronic document is free of charge, except for the fee that may be charged for the provision of tender documentation on an electronic medium.

6. The customer has the right to make a decision to amend the tender documentation no later than five days before the deadline for filing applications for participation in an open tender. Changing the object of procurement, increasing the amount of security for bids for participation in an open tender is 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 placing a notice of an open tender, and within two working days from this date they are sent by registered mail or in the form of electronic documents to all participants, who were provided with tender documentation. At the same time, the deadline for filing applications for participation in an open tender must be extended so that from the date of posting such changes in the unified information system until the deadline for filing applications for participation in an open tender, this period is at least ten working days, except for cases provided for by this Federal Law. If such changes are made to the tender documentation for a specific lot, the deadline for submitting applications for participation in an open tender must be extended for a specific lot.

7. Any participant in an open tender has the right to send in writing to the customer a request 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 clarifications 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 tender.

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 a single 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.