Consider the methods for determining the contractor in the procurement of construction works, reconstruction and overhaul of capital construction facilities (hereinafter referred to as CCS) in accordance with the provisions of the Law on the contract system, as well as the requirements for participants in such procurement.

How to choose a contractor

According to part 2 of Art. 24 of the Law on the contract system, competitive methods for determining suppliers (contractors, performers) are competitions (open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition), auctions (auction in electronic form (hereinafter - electronic auction), closed auction), request for quotations, request for proposals. Let us consider these methods in detail and designate those that are applicable in the procurement of construction, reconstruction and overhaul of the OKS.

Auction in electronic form

Part 2 of Art. 59 of the Law on the contract system, it is established that the customer is obliged to conduct an electronic auction if goods, works, services (GWS) are purchased, included in the List established by the Government of the Russian Federation, or in an additional list provided for by the highest executive body of state power of a constituent entity of the Russian Federation, when purchasing GWS to meet the needs of a constituent entity of the Russian Federation.

The construction, reconstruction and overhaul of the OKS is included in the List (under the OKPD code 45 "Construction works"). Therefore, the purchase of any construction works by holding an electronic auction based on the text of the Letter of the Ministry of Economic Development and the Federal Antimonopoly Service is the responsibility of the customer provided that the following condition is met: needs do not exceed 50 million rubles. At the same time, it does not matter whether the object of procurement is included in the list determined by Part 1 of Art. 48.1 of the Civil Code of the Russian Federation. However, based on the provisions of Part 2.1 of Art. 56 and part 3 of Art. 59 of the Law on the contract system, if the NMCC exceeds the established limits, the customer has the right to purchase through an electronic auction (or choose another method of purchase).

Open competition

The customer has the right to purchase works for the construction, reconstruction and overhaul of the OKS by holding an open tender in accordance with the standards of Art. Art. 48 - 55 of the Law on the contract system. At the same time, Part 2 of Art. 48 of the Law on the contract system, it is established that the customer in all cases purchases through an open tender, with the exception of cases provided for in Art. Art. 56, 57, 59, 72, 83, 84 and 93 of the Law on the contract system. By interpreting the provisions of Art. Art. 56 and 59 of the Law on the contract system, the customer has the right to procure construction works through an open tender if, and the object of procurement is not included in the list of especially dangerous and technically complex objects provided for in Part 1 of Art. 48.1 of the Civil Code of the Russian Federation.

Closed competition

The customer carries out procurement by holding a closed tender if the tender documentation or the draft contract contains information constituting a state secret. The purchase is carried out in the manner provided for in Art. Art. 48 - 55 of the Law on the contract system, taking into account the specifics defined by Art. 85 of the Law on the contract system.

Closed auction

The customer makes such a purchase if the auction documentation or the draft contract contains information constituting a state secret. The purchase is made in accordance with the requirements of Art. Art. 86 - 91 of the Law on the contract system.

Limited Entry Competition

A closed tender with limited participation is held if the tender documentation or the draft contract contains information constituting a state secret.

In accordance with Part 2 of Art. 56 of the Law on the contract system, the procurement of works for the construction, reconstruction, overhaul of the OKS can be carried out by the method of holding a tender with limited participation. Also, the conditions for the procurement of works for the construction, reconstruction, overhaul of especially dangerous, technically complex OKS, artificial road structures included in the composition of highways of federal, regional or intermunicipal, local significance, as well as works included in this grouping (NMTsK when making purchases to meet state needs exceeds 150 million rubles, to meet municipal needs - 50 million rubles), by holding a competition with limited participation are indicated in the text of Decree N 1089. At the same time, the list of especially dangerous and technically complex objects is established by Part 1 of Art. 48.1 of the Civil Code of the Russian Federation.

Thus, in order to make a purchase through a tender with limited participation, the following conditions must be met simultaneously:

The object of the procurement should be the construction, reconstruction, overhaul of especially dangerous, technically complex OKS, as well as artificial road structures included in the composition of federal, regional or intermunicipal, local roads, as well as works included in this group;

NMTsK when making purchases to meet state needs should exceed 150 million rubles, to meet municipal needs - 50 million rubles.

This position was also stated in the text of the Letter of the Ministry of Economic Development and the FAS, and is also confirmed by the established law enforcement practice, for example, by the Decisions of the Federal Antimonopoly Service of Russia dated 07.08.2014 in case N K-K-3266/12/14, dated 31.03.2014 in case N K-527 /14, according to which the customer cannot hold a tender with limited participation if the procurement object is not included in the list of especially dangerous and technically complex objects.

Request for proposals

The customer has the right to purchase by conducting a request for proposals on the grounds provided for:

P. 6 h. 2 art. 83 of the Law on the contract system, - in the case of the procurement of construction works that are the subject of a contract, the termination of which was carried out by the customer unilaterally in accordance with civil law;

P. 8 h. 2 art. 83 of the Law on the contract system, - in case of recognition of the repeated tender, electronic auction as not held in accordance with Part 4 of Art. 55 and part 4 of Art. 71 of the Law on the contract system.

In addition, the customer is also entitled to purchase construction works by requesting quotations if the NMTsK does not exceed 500 thousand rubles, or from a single contractor in accordance with the provisions of Art. 93 of the Law on the contract system (for example, by concluding a contract (agreement) for an amount not exceeding 100 thousand rubles, in accordance with clause 4, part 1, article 93 of the Law on the contract system).

Table 1 summarizes the ways in which the customer has the right to determine the contractor when procuring works for the construction, reconstruction and overhaul of the OKS.

Table 1

	Purchase conditions	Method of determining the contractor
	The NMCC exceeds 150 million rubles to meet state needs, and 50 million rubles to meet municipal needs. The object is not included in the list of especially dangerous and technically complex objects	Auction in electronic form; open competition; request for quotations; request for proposals; purchase from a single contractor
	NMTsK does not exceed 150 million rubles to meet state needs, and 50 million rubles to meet municipal needs.	Auction in electronic form; request for quotations; request for proposals; purchase from a single contractor
	The NMCC exceeds 150 million rubles to meet state needs, and 50 million rubles to meet municipal needs. The object is included in the list of especially dangerous and technically complex objects	Tender with limited participation (if the customer establishes additional requirements for procurement participants); auction in electronic form; request for quotations; request for proposals; purchase from a single contractor

Additional requirements that may be specified in the procurement documentation

By virtue of Art. 31 of the Law on the contract system, the customer establishes uniform and additional requirements for procurement participants. It should be noted that the provisions of the Law on the contract system on the compliance of the procurement participant with the uniform requirements defined in accordance with the legislation of the Russian Federation for persons carrying out work on the construction, reconstruction, overhaul of the OKS have been analyzed in detail in practice and do not raise questions from both customers and participants procurement. Therefore, we will consider additional requirements that may be established in the procurement documentation when the subject of the contract being concluded is the construction, reconstruction, or overhaul of the OKS.

Based on Part 2 of Art. 31 of the Law on the contract system, the Government of the Russian Federation, when purchasing certain types of GWS, has the right to determine additional requirements for participants in such purchases, including the presence of:

Financial resources for the execution of the contract;

On the right of ownership or other legal basis of equipment and other material resources for the performance of the contract;

Work experience related to the subject of the contract and business reputation;

The required number of specialists and other employees of a certain skill level for the performance of the contract.

At the same time, additional requirements may be established during the procurement by holding tenders with limited participation, two-stage tenders, closed tenders with limited participation, closed two-stage tenders or auctions. The list of documents that confirm the compliance of procurement participants with additional requirements is determined by the Government of the Russian Federation. In accordance with Part 4 of Art. 31 of the Law on the contract system, if the legal acts of the Government of the Russian Federation establish additional requirements for certain types of GWS procurement, the customer is also obliged to establish these requirements for participants as part of the procurement documentation.

We note right away that at the moment, additional requirements for procurement participants in the procurement of works for the construction, reconstruction, overhaul of the OKS can only be determined during a tender with limited participation (according to part 2 of article 56 of the Law on the contract system), since the only The current legal document regulating this issue is Decree N 1089.

In accordance with Decree N 1089, additional requirements may be imposed on a procurement participant when making purchases through a tender with limited participation. At the same time, the subject of the contract to be concluded should be the construction, reconstruction, overhaul of especially dangerous, technically complex OCS, as well as artificial road structures. Simultaneously with the presentation of additional requirements in the procurement documentation, a List of documents confirming the compliance of the procurement participant with the established additional requirements is provided.

Additional requirements for procurement participants include:

Experience in the execution (subject to succession) of contracts within three years prior to the date of application for participation in a limited participation tender. At the same time, the cost of a previously executed contract must be at least 20% of the NMCC, for the right to conclude which a competition with limited participation is held;

Availability of own and (or) equipment and other material resources leased for the term of the contract in the amount established by the tender documentation, necessary for the proper and timely execution of the contract.

The list of documents that confirm the compliance of procurement participants with additional requirements includes:

1) copies of previously executed contracts and acts of work performed;

2) a list of equipment and other material resources, formed depending on the type of work (the list of equipment, the minimum required for the performance of work, must be given by the customer in the procurement documentation);

3) an extract from the Unified State Register (USR) of rights to real estate and transactions with it, confirming the ownership of the property used for production purposes;

4) a copy of the real estate lease agreement concluded for a period of at least two years (a copy of the act of transfer of the leased real estate), a copy of the certificate of state registration of rights to real estate and transactions with it, an extract from the USR of rights to real estate and transactions with it;

5) a list of technological and other equipment owned, rented (leasing), indicating its production capacity per day (the list of equipment that is minimally necessary for the performance of work must be provided by the customer in the procurement documentation);

6) copies of inventory cards for accounting for fixed assets of the unified form OS-6, including for technological equipment (used to account for the presence of an item of fixed assets, as well as to record its movement within the organization in accordance with the approved form).

In accordance with paragraph 2 of part 3 of Art. 49 of the Law on the contract system in the notice of procurement, the customer must indicate an exhaustive list of documents confirming the compliance of the procurement participant with the uniform and additional requirements. Therefore, if additional requirements are imposed on the procurement participant, for example, on the availability of equipment and other material resources necessary for the execution of the contract, the customer should fully include in the documentation a list of equipment formed depending on the type of work (as well as a list of documents confirming compliance specified requirements).

An example of a form on compliance with additional requirements (availability of equipment and other material resources necessary for the execution of the contract) is presented in table 2.

table 2

Name of equipment and other material resources	Number of pcs. required	Number of pcs. in the possession of the participant of the competition (to be filled in by the participant)	Legal basis of ownership (ownership, lease, other, to be completed by the participant)
Vehicle for cargo transportation with a gross weight of not more than 3.5 tons
Passenger car for transportation of small loads and tools
Note: copies of inventory cards for accounting for fixed assets of the unified form OS-6 (if any) are attached to the form

It should be noted that the text of Decree N 1089 was amended, which entered into force on 01/01/2015, however, these changes did not affect the cases of procurement of works for the construction, reconstruction, overhaul of the OKS.

At the same time, in terms of establishing additional requirements for procurement participants for the construction, reconstruction, overhaul of the OKS in accordance with Parts 2, 3 of Art. 31 of the Law on the contract system, it is worth considering a draft resolution of the Government of the Russian Federation "On establishing additional requirements for procurement participants for the construction, reconstruction, overhaul of a capital construction facility, as well as a list of documents confirming compliance with these requirements when determining a contractor by holding an auction" , which was under discussion at the time of writing. It is assumed that the customer, the authorized body establish additional requirements for procurement participants if two conditions are met:

Procurement is carried out for the construction, reconstruction, overhaul of the OKS through an electronic auction;

NMTsK (lot price) is 50 million rubles. and more.

Additional requirements will include confirmation of experience in performing work similar to the subject of the contract for the last five years preceding the deadline for submission of tenders for participation in the procurement. At the same time, the cost of the work performed must be at least 20% of the NMTsK and refer to one of the CCAs (at the choice of the procurement participant).

To confirm the experience of performing similar work, the procurement participant will need to submit, as part of the application, copies of the permission to put the OKS into operation and the certificate of acceptance of the OKS (except if the developer was the person carrying out the construction), which must be attached as part of the second application for participation in electronic auction.

It should be noted that the text of the draft resolution does not say that the procurement participant, confirming its compliance with additional requirements, must act as a general contractor, therefore, subcontracted work may be confirmation of the completion of similar work.

Typical situations when establishing additional requirements

We examined the provisions of the Law on the contract system, as well as legal documents, according to which additional requirements may be imposed on the procurement participant for the construction, reconstruction, overhaul of the OKS. However, in practice the situation with the presentation of additional requirements is different.

At the time of writing, about 1000 purchases were posted on the public procurement website, the supplier for which was determined through a competition with limited participation. At the same time, out of the total number of these purchases, only in 58 of them (the vast majority - for works related to the preservation of cultural heritage objects) the subject of the contract was the performance of construction or reconstruction works, and in 12 - the performance of design (survey) works.

Therefore, we will consider a number of typical situations encountered in practice when establishing additional requirements in detail.

Setting additional requirements

As noted, at the moment, additional requirements for procurement participants, the subject of which is the performance of construction work or work on the reconstruction of the OKS, can only be established during a tender with limited participation. However, it is not uncommon for customers, when making the above purchases, in the documentation to have no additional requirements for procurement participants, a list of documents confirming the compliance of the procurement participant with certain requirements. Considering such situations, it is worth paying attention to the clarifications of the provisions of the Law on the contract system, sent by the Letter of the Ministry of Economic Development of Russia N 3422-EE-D28i, FAS Russia N ATS-6139-14 dated 21.02.2014. So, in case of competition with limited participation for the purchase of GWS specified in Decree N 1089, the customer is obliged establish additional requirements for procurement participants provided for by this Decree. At the same time, in the case of the purchase of GWS specified in Decree N 1089, otherwise(for example, by holding an electronic auction) identifying suppliers customer not entitled to establish to the procurement participants the requirements provided for by the said Decree.

Additionally, it is worth considering the situation when the customer in the documentation for the electronic auction (in the case of the procurement of construction, reconstruction, overhaul of the OKS) determines additional requirements for the procurement participants by virtue of Part 2 of Art. 31 of the Law on the contract system. Note that such actions of the customer are a violation of the requirements of Parts 3 and 6 of Art. 31 of the Law on the contract system, since at the moment there are no legal acts of the Government of the Russian Federation, which provide that during an electronic auction for the construction, reconstruction, overhaul of the OKS, additional requirements may be established for procurement participants, and there is also no approved by the Government of the Russian Federation a list of documents that confirm the compliance of the procurement participant with additional requirements. Similar conclusions are contained in the established law enforcement practice, for example, the Decision of the Amur OFAS Russia dated July 18, 2014 in case No. ZhF-94/2014.

Confirmation of additional requirements

Often, the customer in the procurement documentation (a tender with limited participation) establishes additional requirements for participants, but does not indicate which documents included in the application for participation confirm compliance with these requirements. For example, the customer may define an additional requirement for experience in performing similar work or the availability of material resources (own or leased) necessary for the performance of the contract. At the same time, the documentation does not establish what kind of work experience the participant needs to confirm, and there is also no indication of the list of equipment that must be provided as part of the application to confirm compliance with the additional requirements provided for in accordance with Decree N 1089. Note that the customer, on the basis of clause 2 Part 3 Art. 49 of the Law on the contract system provides the requirements and an exhaustive list of documents that must be submitted by the participants as part of the application. Failure by the customer to comply with these requirements is a violation of the Law on the contract system, which is confirmed by the established law enforcement practice, for example, the Decision of the Federal Antimonopoly Service of Russia dated March 25, 2014 in case No. K-490/14.

Application Evaluation Criteria

It is also worth noting that if the customer makes additional requirements in relation to the procurement participants in accordance with Part 2 of Art. 31 of the Law on the contract system, such requirements cannot be used as application evaluation criteria. Failure to comply with this provision by the customer is a violation, which is confirmed by the established law enforcement practice, for example, the Decision of the Rostov OFAS Russia dated 07/07/2014 in case N 1309/03, 1310/03.

In almost all cases of procurement through a tender with limited participation, the customer sets only one additional requirement for participants: either that they have experience in performing similar work, or that they have certain equipment.

In addition, by no means in all cases of procurement of construction works, works on reconstruction, overhaul of OKS through a tender with limited participation, customers fully describe the additional requirements for procurement participants, and also provide a list of documents confirming the specified information. Often there are situations when the customer simply copied the provisions of Art. 31 of the Law on the contract system or an extract from Decree N 1089, which makes it very difficult to apply for participation in such a purchase, since the participant cannot correctly determine which documents must be submitted to confirm compliance with additional requirements.

The terms of reference are understood as specialized documentation containing the main requirements of the customer for the objects of procurement, which defines a list of conditions under which the procurement will be carried out, what work is to be performed. Despite the fact that the legislation does not provide for the mandatory preparation of terms of reference for the performance of works and other services, this form of documentation is widespread, since thanks to the terms of reference, labor and time resources are saved at the following stages:

• Planning stage;
• Drawing up the final documentation of the forthcoming purchase, notices, project contracts;
• The stage of direct execution of the terms of the contract.

By filling out the terms of reference (hereinafter referred to as TOR) before placing a notice of the planned purchase, an optimal calculation of the time required for the performance of work or provision of goods, the selection of qualified specialists is achieved. Also, a properly drawn up TOR allows you to specify the object of procurement as much as possible, describing it as clearly and in detail as possible. Based on the pre-prepared TOR, a final assessment of the compliance of the procurement result with the initially declared characteristics is carried out.

Based on the information contained in this document, it becomes possible:

• Formation of a plan, a procurement project;
• Determining the cost of the contract, both initial and maximum possible;
• Drawing up a notice of procurement;
• Formation of a schedule for the fulfillment of the terms of the contract;
• Preparation of basic documentation, including contract drafts;
• Evaluation of proposals received from those wishing to participate in the procurement;
• Conclusion of the contract and control over its execution.

How to make a form

As a rule, the terms of reference are drawn up by the contract manager in tandem with the specialists of the legal department, after which the document is certified by a person authorized to make decisions related to the procurement. It is advisable to sign the document no more than 10 days before the date of formation of the notice and other related procurement documents. The terms of reference include:

• Basic information about the planned purchase;
• General information about the procurement object;
• Requirements for performers;
• What conditions must be observed in the execution of the contract;
• Information about available applications.

Note! When drawing up TK, one should be guided by objectivity, using understandable and concise formulations that do not contain contradictions. The requirements of the ToR should be formed in accordance with the established practice, without contradicting the norms of the law.

When drawing up the TOR, it should be taken into account that, according to the terms of reference, the risks and burdens of suppliers and contractors should not exceed those assumed by the customer, otherwise this may lead to an increase in the cost of the contract, or to refusal to submit applications for participation.

For construction and installation works

The terms of reference for the performance of construction and installation works must contain the necessary criteria, according to which the required work must be carried out. When compiling the document, you should specify:

• The object of the auction. What kind of work should be done in accordance with the future contract;
• Location address. The exact location of the objects on which it is required to carry out construction and installation work;
• Terms of work. This paragraph, as a rule, lists the nature of the soil, engineering and geological characteristics, for example, the level of the depth of groundwater and other characteristics that are significant during future construction;
• The nature of construction and installation work is indicated - whether it will be new construction or work will be carried out at an already erected facility;
• Method of implementation, for example, in a row;
• The next paragraph contains information about the availability of design estimates and who compiled it;
• Technical and economic characteristics of the construction object;
• The next paragraph describes the functions that the customer of construction and installation works assumes, including accounting, monitoring the progress of construction at all stages, organizing work and granting permission to carry out construction and installation works;
• Requirements for the contractor with a list of works to be performed by the contractor;
• Stages of construction and deadlines for the implementation of a certain volume according to the distribution into stages;
• Organizational requirements, for example, the need for compliance of the work performed with the requirements of GOST, and the current SNiPs;
• At the end point, the terms are indicated in which construction and installation work must be carried out in full.

For electrical work

When drawing up the TOR for electrical work, the same principles apply as in the previous example. The items provide the following information:

• Place of performance of work;
• Deadlines;
• A brief description of the work required is given;
• Performer requirements.

Important! Due to the specifics of certain types of work, which include, in particular, electrical work, along with the standard requirements for auction participants, the customer may put forward special conditions in the terms of reference.

So, these may be requirements for the provision of information on admission to certain types of work, the availability of technical resources for their implementation, the provision of confirmation of the qualification level of the workers of the participant applying for participation in the auction.

To perform work under 44-FZ

According to the requirements of Federal Law No. 44-FZ, the customer must be guided by uniform requirements regarding the description of the object of procurement when preparing documents, regardless of the methods of actual execution of the contract. When issuing a TOR, the customer must be guided by the following directives:

1. When describing the objects of the auction, one should be guided by the criteria of objectivity;
2. Functionality, technical and operational characteristics of the procurement object should be present in the description, if necessary;
3. The TOR should be neutral in nature, not containing an excessive number of excessive requirements in order to limit the number of potential participants.

Customers are obliged to rely on the provisions of the Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services", according to the requirements of which, the choice of a contractor or supplier is carried out according to the strict rules of an electronic auction, the winner of which, as a rule, becomes a participant, offering the lowest price. Therefore, it is extremely important to prepare the correct terms of reference, taking into account all the nuances of the ongoing procurement.

The government of Moscow
DEPARTMENT OF THE CITY OF MOSCOW ON COMPETITION POLICY

ORDER

On approval of an approximate form of the customer's decision to make a purchase by conducting competitive methods for determining the supplier (contractor, performer) *

Document as amended by:
;
.
____________________________________________________________________

________________

* The heading is in the wording put into effect by the order of the Tender Committee of the city of Moscow dated October 16, 2015 N 70-01-130 / 15 ..


In order to implement clause 3.1.1 of the Regulation on the procurement system of the city of Moscow, approved by Decree of the Government of Moscow dated February 24, 2012 N 67-PP "On the procurement system of the city of Moscow"

I order:

1. Approve an approximate form of the customer's decision to make a purchase by conducting competitive methods for determining the supplier (contractor, performer) in accordance with the appendix.
(Paragraph as amended, put into effect by order of the Tender Committee of the city of Moscow dated October 16, 2015 N 70-01-130 / 15.

2. Deputy Head of the Department of the City of Moscow for Competition Policy Danilov A.L. within three days from the date of signing this order, ensure its placement on the official website of the Moscow City Department for Competition Policy (Internet address: www.tender.mos.ru).

3. Deputy Head of the Department of the City of Moscow for Competition Policy Zhukov V.N. within a week from the date of signing this order, ensure its placement in reference legal systems.

4. To impose control over the execution of this order on the Deputy Head of the Department of the City of Moscow for Competition Policy Romanova O.N.

Head of department
G.V. Degtev

Appendix. An exemplary form of the customer's decision on the implementation of the purchase by conducting competitive methods for determining the supplier (contractor, performer)

Appendix
to the order of the Department
Moscow city
on competition policy
April 8, 2014 N 70-01-49/14
(As amended in
action by order of the tender
committee of the city of Moscow
dated October 16, 2015 N 70-01-130 / 15. -
See previous edition)

An exemplary form of the customer's decision to make a purchase by conducting competitive methods for determining the supplier (contractor, performer) *

________________
* When making purchases by other means of determining the supplier (contractor, performer), the use of this form is not required

On the letterhead of the organization

Ref. N___

date of

ORDER

About the purchase
________________________
(name of the procurement object)


In accordance with ______________ (the grounds for the purchase are indicated: availability in the schedule, the number of the legal act of the Government of Moscow (if any), the order of the Mayor of Moscow (if any) and other grounds) I order:

1. Approve the following conditions for the purchase (to be filled in for each lot):

1.1. Purchasing object ___________.

1.2. The initial (maximum) price of a government contract is ______.

1.3. The initial (maximum) price of a unit of service and (or) work ___________ (if, in accordance with the contract, the customer has the right to indicate in the procurement documentation the initial (maximum) price of a unit of work and (or) service).

1.4. The initial (maximum) price of spare parts (each spare part) _______________ (if, in accordance with the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement, goods, work, services to ensure state and municipal needs" the customer has the right to indicate in the procurement documentation the initial (maximum) price of spare parts (each spare part).

1.5. Source of funding for the purchase (budget of the city of Moscow, funds of a budgetary institution of the city of Moscow, extra-budgetary sources of financing).

Limit(s) _____________ and year(s) of procurement funding _______, code(s) of CSC ______, code(s) according to the All-Russian Classifier of Products by Type of Economic Activity (OKPD) __________.

1.6. Place, conditions and terms of delivery of goods, performance of work, provision of services period exceeding the period of validity of the approved limits of budget obligations, approved by Decree of the Government of the Russian Federation of November 26, 2013 N 1071).

1.7. The amount of security for the application for participation in the procurement ______ (in rubles and % of the initial (maximum) contract price).

1.8. The amount of the security for the performance of the contract ______ (in rubles and % of the initial (maximum) price of the contract).

1.9. Clause expired - ..

1.10. Form, term and procedure for payment for the supply of goods, performance of work, provision of services, including the amount of the advance payment ________% of the contract price (if payment of the advance payment is provided) and the deadlines for the payment of the advance payment ____________.

1.11. The method for determining the supplier (contractor, performer) (indicating the rationale for choosing the method for determining the supplier (contractor, performer) with reference to the relevant articles of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement, goods, works, services to meet state and municipal needs".

1.12. Information on the innovative nature of the procurement and its share of the total volume of purchased goods, works, services (in the case of the procurement of goods, works, services of an innovative nature).

2. Establish that the division into lots is made on the following grounds: _______________ (a reasoned justification for the division of the procurement object into lots is indicated) - if there are several lots.

3. Approve the procurement documentation, consisting of:

3.1. Notifications (in case of a request for quotations).

3.2. Information card.

3.3. Technical part (project documentation, specifications, etc.).

3.4. Justification of the initial (maximum) price of the contract in accordance with Article 22 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" .

3.5. Contract project.

3.6. Protocol of the initial (maximum) price of the contract.
(Clause 3 as amended, put into effect by order of the Tender Committee of the city of Moscow dated July 7, 2017 N 70-01-85 / 17.

4. Take into account that the following approvals have been obtained for the procurement (necessary approvals are indicated):

4.1. Moscomexpertiza (from ________ N _______, full name, position of the signatory of the agreement) (Appendix ____).

4.2. Order dated ______ N _____ on the approval of the project and the summary estimate (when making purchases for the construction, reconstruction and overhaul of facilities) (Appendix ___).

4.3. Others (other required and available approvals are indicated) (Appendix ___).
(Item 4 is additionally included by order of the Tender Committee of the city of Moscow dated July 7, 2017 N 70-01-85/17)

____________________________________________________________________
Clauses 4, 5, 6 of the previous edition are considered, respectively, clauses 5, 6, 7 of this edition - order of the Tender Committee of the city of Moscow dated July 7, 2017 N 70-01-85 / 17.
____________________________________________________________________

5. Responsible for the preparation for the procedure for determining the supplier (contractor, performer) (name of the object of procurement) appoint _________ (full name, position of the responsible representative of the customer).

6. If the purchases belong to the first level:

____________ (full name, position of the responsible representative of the customer are indicated) prepare and send in accordance with the established procedure before _____________ to the Department of the City of Moscow for Competition Policy an application for __________ (the name of the procurement object is indicated) in accordance with the approved schedule (purchase N ________ - the registration number of the purchase is indicated in the procurement planning subsystem of the Unified Automated Information System for Bidding of the City of Moscow).

If the purchases belong to the second level:

_______________ (full name, position of the responsible representative of the customer are indicated) within the period up to _____________ ensure that the notification on the procedure for determining the supplier (contractor, performer) on ______ (the name of the procurement object is indicated) is posted on the official website in accordance with the plan -schedule (purchase N _____ - the registration number of the purchase is indicated in the procurement planning subsystem of the Unified Automated Information System of Bidding of the City of Moscow).

7. To impose control over the implementation of this order on __________________ (indicated by the decision of the customer).

Supervisor
FULL NAME.

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

The subject of procurement in the form of construction works has a number of specific properties that significantly distinguish this category of procurement from others. Among these features, the following can be distinguished: 1) the result of construction work is used over a long period of time;

2) the results of construction work are potentially dangerous for third parties, as a result of which the process of their production is regulated at the public law (state) level; 3) as a result of construction work, an object is created that has unique qualities that must comply with the terms of reference for its creation; 4) investments in capital construction projects constitute a significant part of the costs of budgets of all levels, which makes it necessary to control the effectiveness of these investments. Based on footnote "6" of the Decree of the Government of the Russian Federation of October 31, 2013 No. 2019-r "On the list of goods, works, services, in the event of the purchase of which the customer is obliged to conduct an auction in electronic form", the customer is obliged to conduct an electronic auction for construction work , with the exception of construction, reconstruction, overhaul of especially dangerous, technically complex capital construction projects, as well as artificial road structures included in the composition of federal, regional or intermunicipal, local roads, as well as works included in this group, in if the initial (maximum) price of the contract when making purchases to meet state needs exceeds 150 million rubles, to meet municipal needs exceeds 50 million rubles. Procurement for the construction, reconstruction, overhaul of capital construction projects is one of the most difficult types of tenders, since the contract work that is the subject of the contract is a rather complex and sometimes indivisible process, which is explained by their complex nature and the presence of a number of separate and interdependent factors.

The main document regulating the performance of design and survey work, construction of capital construction facilities and their parts, reconstruction of capital construction facilities and their parts, overhaul of capital construction facilities, if the design and other characteristics of the reliability and safety of such facilities are affected during its implementation, is Town-planning code of the Russian Federation. General construction works are divided into works on the construction of the facility, reconstruction of the facility, overhaul and current repairs of the facility.

Construction work - the creation of buildings, structures, structures ("from scratch" or "from scratch"). Capital construction - the process of creating and reconstructing fixed assets through construction work; one of the main forms of using capital investments, investments from budgets of various levels, as well as extrabudgetary sources. Reconstruction - a change in the parameters of a capital construction object, its parts (height, number of floors, area, volume), including a superstructure, rebuilding, expansion of a capital construction object, as well as replacement and (or) restoration of load-bearing building structures of a capital construction object, with the exception of replacement of individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements, as well as the quality of engineering and technical support. Capital repairs of buildings and structures - work on the restoration or replacement of individual parts of buildings (structures) or entire structures, parts and engineering equipment due to their physical wear and tear to more durable and economical, improving their performance. Current repair consists in systematic and timely work carried out to prevent wear of structures, finishes, engineering equipment, as well as work to eliminate minor damage and malfunctions. A lot of preparatory work precedes the electronic auction.

First of all, we are talking about pre-project study and preparation for construction. Engineering surveys are carried out to prepare project documentation. Engineering surveys - the study of natural conditions and factors of technogenic impact for the rational and safe use of territories and within them, the preparation of data on the justification of materials necessary for territorial planning, territory planning and architectural and construction design. The next stage is architectural and construction design, which is carried out by preparing design documentation for capital construction projects and their parts, being built, reconstructed within the boundaries

the land plot owned by the developer, as well as in cases of major repairs of capital construction facilities, if the design and other characteristics of the reliability and safety of such facilities are affected during its implementation. Project documentation for capital construction facilities for industrial and non-industrial purposes should include the following sections: explanatory note; scheme of the planning organization of the land plot; architectural solutions; constructive and space-planning solutions; information about engineering equipment, technical support networks, a list of engineering and technical measures, the content of technological solutions; construction organization project; a project for the organization of demolition or dismantling of capital construction projects; list of measures for environmental protection; measures to ensure fire safety; measures to ensure access for persons with disabilities; construction estimate; other documentation in cases stipulated by federal laws.

Design documentation for a separate stage of construction must meet the requirements for the composition and content of sections of design documentation for capital construction projects. For objects financed from budgetary funds, it is necessary to fully develop such sections as the “Construction Organization Project” and “Construction Estimate”. The norms that directly determine the composition of sections of design documentation for each type of capital construction objects and the content of these sections came into force on July 1, 2008. Design documentation for capital construction objects and the results of engineering surveys performed to prepare such project documentation are subject to state expertise. The subject of state expertise is the assessment of compliance of project documentation with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, the requirements of state protection of cultural heritage sites, the requirements of fire, industrial, nuclear, radiation and other safety, as well as the results of engineering surveys, and conformity assessment results of engineering surveys to the requirements of technical regulations.

In addition, the developer or customer, or a person carrying out the preparation of project documentation on the basis of an agreement with the developer or customer, may send the project documentation and the results of engineering surveys performed for the preparation of such project documentation for non-state expertise.

Construction, reconstruction of capital construction facilities, as well as their overhaul, if during its implementation the structural and other characteristics of the reliability and safety of such facilities are affected, are carried out on the basis of a construction permit. Currently, customers use the practice of including technical specifications in the auction documentation for contract work, on the basis of which the participants in placing orders independently develop an estimate. The analysis shows that in many cases technical specifications are made by customers with a significant number of factual errors and contradictions to the current legislation: - qualification requirements are set for participants in placing orders, prohibited by the legislation of the Russian Federation; – the procedure for pricing in construction provided for by law is violated; – a complete list of types of work to be performed by the contractor is not established; - detailed requirements for materials and equipment that will be used in the performance of work are not established, the description of materials and equipment is often general and non-specific; - architectural specifications, specifications, drawings and other necessary documents for the performance of work are not included in the terms of reference. It is necessary to pay close attention to the development of technical specifications. When placing orders for newly launched facilities and reconstruction of existing capital construction facilities, it is advisable to include the following sections: and technological

decisions, description of engineering and technical support systems, construction program, measures for environmental protection, landscaping and landscaping of the territory, information on the availability of transport routes, information on measurement systems, standards, testing and certification, on the availability and validity of approvals, etc .; - statements of the physical volumes of work to be performed; - specifications and technical characteristics of equipment, building materials and products, furniture, inventory, which determine the level of their consumer properties and quality; - master plan, basic and situational plans, master plan of engineering networks; - drawings characterizing the space-planning and design solutions of the facility under construction, solutions for engineering equipment (plans, sections, facades, diagrams); - the main provisions and requirements for the preparation of the construction site and the organization of construction, taking into account the specifics of the object, including the construction of temporary buildings and structures; - requirements for the laying of engineering networks and the conditions for their connection; - requirements for ensuring safety (including fire safety) for the period of construction of a capital construction object; – environmental requirements for environmental protection; – term of performance of work and warranty period; – requirements for the results of work, their compliance with technical regulations and other regulatory documents; – requirements for the scope of quality assurance; - the cost of operating the facility or the cost of maintaining the installed equipment (if necessary). When organizing auctions for the reconstruction of existing capital construction facilities, the technical part of the auction documentation may not contain a description of the construction site, its natural, climatic and engineering-geological features, if the reconstruction does not provide for works to strengthen the foundations of the facility and external works.

When making purchases for the overhaul of capital construction facilities, it is advisable to include the following sections: - description of the technical condition of the facility; - statements of physical volumes of work; - technical characteristics of the equipment of building materials and products that determine the level of their consumer properties, while there may be indications of their trademarks, which must be accompanied by the words "or equivalent", except in cases of incompatibility of equipment on which other trademarks are used, and the need to ensure interaction of this equipment with equipment supplied (used) by the customer; - drawings characterizing space-planning and design solutions for the overhaul of the facility, solutions for engineering equipment (floor plans indicating the types of interior decoration, sections, facades, diagrams); - requirements for the laying of engineering networks and the conditions for their connection; – requirements for carrying out work in the conditions of an existing state institution (enterprise) and for ensuring its fire safety for the period of overhaul and subsequent operation; – the period of performance of work and the warranty period. The estimate documentation must contain the total cost of construction in the prices provided for by the current estimate and normative base (basic price level) and in prices as of the date of issue of the state examination report (current price level). When determining the initial price of a state or municipal contract during bidding for construction, reconstruction, major repairs, it is necessary to be guided by methodological documents.

Danilova S.N.

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General Director of CJSC "Electronic Trading Systems"

Procurement in the field of construction requires from the customer and all its participants not only knowledge of the legislation on the organization and conduct of procurement, but also the ability to understand the legislation on capital construction, including numerous norms and rules of by-laws. This gives rise to a large number of questions, which are often difficult to resolve. The General Director of CJSC "Electronic Trading Systems" answered the most topical of them.

Our institution held an auction for the construction of the facility. At the final stage of construction, it turned out that the need to perform a number of works specified in the terms of reference disappeared, but it became necessary to perform other work. At the same time, the contractor is ready to perform these works without changing the cost of the contract. Can we replace one work with another within the framework of the concluded state contract?

Artem Barbolin

No, you are not entitled to replace some works stipulated by the contract with others in accordance with the Federal Law of April 5, 2013 No. 44-FZ "" (hereinafter - Law No. 44-FZ). So, they do not allow the possibility of changing the terms of the contract in this case. It is only possible to change the volume of work stipulated by the contract - only within 10% of the initial volume, and only on condition that such a possibility is provided for by the procurement documentation and the contract (). It is unacceptable to replace goods, works or services with goods, works, services not provided for by the contract, including by concluding an additional agreement.

Separately, we note that if the summary estimate provides for a reserve of funds for unforeseen work and costs, then within a certain amount of such costs, the customer has the right to accept additional work directly related to the subject of the contract. These works are formalized in the forms provided for by the procurement documentation and the contract in the "unforeseen costs" section. For example, form No. KS-3 "Certificate of the cost of work performed and costs" () can act as such a document.

FORMS

Is the installation of a fence (fence) around an administrative building the construction of a capital construction facility? If not, are building permits, development of project documentation, and availability of SRO permits for order placement participants required?

Irina Trugaeva

To answer the questions posed, it is required to study in detail the regulatory and legal requirements for the relevant work in force at the place of their execution.

To determine whether approval of such construction is required, local regulations should be considered. For example, on the territory of the Moscow Region, the construction or installation of fences, including lawn and sidewalk ones, is carried out in agreement with the local government, and unauthorized installation of fences is not allowed (part 2 of article 27 of the Law of the Moscow Region of December 30, 2014 No. 191 / 2014-OZ ""). As a rule, the necessary regulations can be found on the website of the regional administration or the relevant administration department (for example, the construction department).

Attention should also be paid to the fact that the law requires the demolition of an illegal building at the expense of the offender (). If the structure is a capital construction project and no permit for its construction has been obtained, the violator will be held administratively liable: the fine will be from 20,000 to 50,000 rubles for officials, and from 500,000 for legal entities. up to 1 million rubles, or the activities of the offending company may be administratively suspended for up to 90 days ().

It is necessary to determine whether the fence is real estate - let me remind you that its signs are a strong connection with the land and the impossibility of moving without disproportionate damage to its purpose (). If a possible movement will cause minor damage to the fence, then the specified property is not a real estate object, and, accordingly, an object of capital construction, is not. In this case, the development of project documentation is not required.

When deciding on the need to develop project documentation, one should also determine the need and possibility of subsequent registration of the property. The criteria that can be relied upon when resolving this issue are used, in particular, in (the presence or absence of an independent economic purpose, the ability to act as a separate object of civil circulation, etc.). If after the construction of the object it will be necessary to register it, then the customer should develop project documentation.

The need for procurement participants to have certificates of admission to perform installation work issued by a self-regulatory organization (hereinafter referred to as SRO) is determined by the list of works included in the estimate for installation work.

The municipal autonomous institution, under a sponsorship agreement with a private organization, was allocated money for the construction of an aviary. If we understand correctly, the procurement of sponsorship funds is not regulated by the legislation on the contract system. In addition, the Ministry of Finance of Russia, in a letter dated March 21, 2014 No. 02-02-09 / 12591, noted that an autonomous institution must be guided by the provisions if it is provided with funds from the budgets of the budget system of the Russian Federation for capital investments in capital construction projects or the acquisition objects of immovable property into state (municipal) ownership. Under which law should we conduct auctions - Law 44-FZ or?

Yaroslavtseva Irina

When making a purchase at the expense of these funds, the customer should be guided by the Law of July 18, 2011 No. 223-FZ "" (hereinafter - Law No. 223-FZ). Based on the provisions, this law applies to the activities of municipal autonomous institutions for the purchase of goods, works, services. At the same time, according to, when providing funds to autonomous institutions from the budgets of the budget system of the Russian Federation for the implementation of capital investments in objects of state, municipal property, the provisions of 44-FZ apply to such legal entities.

The institution needs to carry out major repairs of the pitched roof of the kindergarten building. The works themselves "device of roofs" in accordance with the approval of the SRO do not require. However, at the same time, as part of the work on the estimate, there are such works as "antiseptic" and "waterproofing", for which such a permit is required. Is it necessary to require SRO approval from procurement participants?

Anna Ivanova

Thus, establishing a requirement for procurement participants to have a SRO certificate of admission to such work is legitimate. This is also confirmed by the fact that participants must comply with the requirements of the law in order to perform the work that is the object of the procurement ().

The FAS Russia and arbitration courts also share this position ( , ).

Given the above, the documentation may establish both the requirement to provide a certificate of admission of SROs for procurement participants to perform specific types of work, and an alternative requirement to provide a certificate of admission of SROs to general contracting (if it is provided for in the documentation, the procurement participant has the right to involve third parties to perform specific work to which the participant does not have access). The courts indicate that such behavior of the customer maximizes the circle of procurement participants.

The institution held a competition for design and survey work. The winner presented an estimate, which includes, among other things, ventilation equipment, indicating the manufacturer and brand of equipment. Can a bidder include indications of specific brands of equipment and manufacturers in the bid, and is the customer obliged to reject such an bid?

Natalia

There are no grounds for rejecting such an application. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction, in the cases provided for (when considering the first parts of applications) and (when summing up). Such cases include, in particular, non-submission of documents and information provided for by Law No. 44-FZ, as well as the provision of unreliable and inconsistent documents and information with the requirements of Law No. 44-FZ, non-compliance of the auction participant with the requirements established by the documentation, etc. This list is closed nature, and the establishment of other grounds for rejecting the application in the auction documentation is not allowed.

We invite you to discuss the application of Law No. 44-FZ on our site.