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About Contests On The Placing Of Orders For The Delivery Of Goods, Works And Services For State Needs

Original Language Title: О конкурсах на размещение заказов на поставки товаров, выполнение работ, оказание услуг для государственных нужд

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Spspent power-Federal Law of 21.07.2005 N 94-FZ RUSSIAN FEDERATION FEDERAL LAW About tenders for placing orders for goods, performance, services for public needs Adopted by the State Duma on April 7, 1999 Approved by the Federation Council on 22 April 1999 and participants in the competition (s) The process of holding a tender for placing orders for the supply of goods, carrying out works, rendering services for state needs. The State customer places orders for the delivery of goods, works, services (hereinafter referred to as the delivery of goods (works, services) for state needs through the holding of tenders, unless otherwise stipulated by law of the Russian Federation. CHAPTER I. GENERAL PROVISIONS Article 1. The scope of application of this Federal Law 1. This Federal Law is applied in the case of tenders for placing orders for the supply of goods (works, services) for public needs (hereinafter also-competitions). 2. The design of tenders for the placing of orders for construction works for state needs, the supply of fuel for public needs, the purchase and supply of agricultural products, raw materials and food for public needs, as well as The supply of fuel and food for public needs in the regions of the Far North and similar areas may be provided for by other federal laws. Article 2. Basic concepts used in this Federal Law The following basic concepts are used in this Federal Law: State needs-needs of the Russian Federation Federations in goods (works, services) provided by federal and extrabudgetary sources of funding; State contract-Contract for the supply of goods (works, services) for public needs to be concluded between the State client and the winner of the competition in accordance with The law of the Russian Federation; competition is a way to identify the supplier (s) of goods (works, services) for state needs, which provides the best conditions for the performance of the state contract; the contest is a state customer in the person of the federal executive authority, as well as a legal entity, to whom the state customer on the terms of the contract transferred part of its functions for the contest; provider (s) carrying out an enterprise Production of goods (works, services) and applying for participation in the competition. Article 3. Russian Federation law on tenders to place orders for the supply of goods (works, services) for the state needs Relations between the organizers of tenders for placing orders on The supply of goods (works, services) for public purposes and the participants in such competitions is regulated by the Civil Code of the Russian Federation THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 4. Monitoring and coordinating competitions 1. The control and coordination of the competitions is carried out by the Government Commissioner of the Federal Government of the Russian Federation (hereinafter referred to as the federal executive authority). 2. The functions of the authorized federal executive authority shall be determined by the Government of the Russian Federation in accordance with this Federal Law and other regulatory legal acts of the Russian Federation. Article 5. Requirements for contest participants 1. Only a supplier (performer) who has the production capacity, equipment and labour required for the production of goods (works, services) can be a participant in the competition. The organizer of the contest is entitled to establish additional requirements for the participants of the competition. 2. The organizer of the contest is entitled to ask the participants of the contest to provide information about their compliance with the requirements established by the organizer of the contest. 3. The requirements for the contest participants set by the contest organizer are presented to all the participants of the contest and are contained in the contest documentation. 4. The organizer of the contest is obliged to remove the participant of the competition from participation in the competition at any stage of the competition if the participant of the contest is not informed about his compliance with the required organizer of the contest. Article 6. Participation in the competition of foreign suppliers (performers) Foreign suppliers (s) of goods (works, services) can take part in the competition if the production of goods (works, services) for public goods There is no or no economic need in the Russian Federation. Article 7. Exchange information between the contest organizer and the contest participants 1. The exchange of information between the organizer of the competition and the participants of the competition shall be carried out in writing in accordance with this Federal Law. 2. The exchange of information between the organizer of the competition and the participants in the competition, provided for in article 11, paragraph 6, article 17, paragraph 2, and article 20, paragraph 2, of this Federal Act, may be exchanged by means which do not reproduce the contents of the particulars in writing, provided that they are further confirmed in writing. Article 8. The competition protocol 1. When the competition is held, the contest organizer is obliged to keep a record of the competition, which specifies: (a) a brief description of the goods (works, services); b) the names and addresses of the contest participants; c) list of bidders who did not pre-select (in the case of such selection); g) the price of goods (works, services) offered by the bidders; d) the name of the winner of the competition and the price the goods (works, services) supplied; e) the acceptance base The organizer of the competition decision to reject applications for participation in the competition in accordance with this Federal Law; (g) the reasons for which the public contract was not concluded; c) the information provided for in paragraph 2 of article 9 of this Federal Act. 2. After the end of the competition, the particulars referred to in subparagraphs (a), (b) and (e) of paragraph 1 of this article shall be made available to the suppliers or contractors who have acquired the competitive documentation upon their request. 3. After the end of the competition, the information referred to in subparagraphs (a) to (e) of paragraph 1 of this article shall be made available to the participants of the competition on demand. 4. The organizer of the contest is not entitled to provide information that constitutes official or commercial secret. Article 9. Types of competitions 1. The organizer of the competition is placing orders for the supply of goods (works, services) for state needs through open contests (including two-stage competitions) and closed contests (including two-stage competitions). The most preferable type of competition is open competition. 2. The contest's protocol should contain the basis for the organizers of the contest to choose the type of competition. Article 10. Antimonopoly regulation of competition The relationship that arises between the organizer of the competition and the contest participants in the competition process and influence competition in the commodity markets is regulated by competition Legislation. Chapter II. CONDUCT OF OPEN COMPETITION Article 11. Pre-selection for open contest participants 1. The organizer of the open competition is entitled to conduct preliminary selection of the participants of the open competition (hereinafter-pre-selection) in order to identify the suppliers (s) who meet the requirements of the participants of the open competition, The organizer of the open competition. 2. The preliminary selection of the organizer of the open competition is published in the mass media, including in the official publication of the authorized federal executive authority. 3. The notice of the pre-selection should include: The name of the organizers of the open competition and the place of pre-selection; the type and quantity of the goods delivered and their place of delivery; the type of work and the place of their delivery, the type of services and the place of their delivery; about the time of delivery of goods (works, services); about the requirements for the participants of the open competition established by the organizers of the open competition; about the order and the location of the pre-selection documentation; the fee charged by the organizer of the open competition, for receiving the pre-selection documents, if such payment has been made; on the procedure and timing of payment by the supplier (s) of the pre-selection documents, if any This fee is set; on the order, place and time of application for pre-selection. 4. The open tender shall provide the pre-selection documents to each supplier (s) who request such documentation and make payment for the pre-selection documents, if such payment is made. The fees for the pre-selection documents shall not exceed the cost of the organizers of the open competition for the production of the said documentation and the delivery thereof to the suppliers (s). 5. Pre-selection documentation should contain: instructions for preparing applications for pre-selection; the terms of the state contract; details of the order, place and deadline for submitting applications Participation in pre-selection; requirements for open competition participants established by the organizers of the open competition. 6. The organizer of the open competition is obliged to reply to the request of the supplier (s) for clarification of the provisions of the pre-selection documents, received no later than 10 days before the deadline for the submission of applications for participation in the preliminary selection process. selection. The reply in writing by the organizer of the open tender for the request of the supplier (s) must be sent within a time limit that allows the supplier or contractor to submit the application for the preliminary selection in a timely manner. 7. The organizer of the open competition shall determine the compliance of the suppliers (s) with the requirements of the participants of the open competition, established by the organizer of the open competition, and makes a decision in relation to each supplier (performer) who has applied Application for pre-selection. 8. The organizer of the open competition is required to notify each supplier or performer who applied for pre-selection within three days of the results of such selection. Only suppliers or performers who have been pre-selected have the right to participate in the open competition. 9. The organizer of the open competition is obliged to respond in writing to the request of the supplier or contractor, who has not been pre-selected by the participants of the open competition, with an indication of the reasons for the decision. Article 12. Notice of Open Competition 1. Notice of the open competition is published in the mass media, including in the official publication of the authorized federal executive authority. 2. Notice of open competition should contain information: about the name and address of the open competition organizer; about the time and place of the open competition; on the conditions of public competition Contract (details of the type and quantity of the delivered goods and their place of delivery, the type of work and the location of their delivery, the type of services and the location of their delivery and others); on delivery dates for goods (works, services); on requirements for participants open competition established by the organizers of the open competition; about the order and location of the tender documentation; about the amount of the public tender for the tender documentation of the fee, if this is set; on the order and terms of payment by the participants Competition documentation competition, if it is set; on the order, place and time of application for participation in an open competition; on the duration of the public contract. Article 13. Conditions for the provision of competitive documentation The Organizer of the Open Competition shall provide competitive documentation to the suppliers (s) who have been pre-selected in the event of the competition and have paid the competitive documentation, If the fee is set. The fees for the solicitation documents shall not exceed the cost of the organizers of the open competition for the production of the said documentation and delivery to its suppliers (s). Article 14. The content of the competition document Concourse documentation should contain: guidelines for preparing applications for open competition; requirements for participants in open competition established by the organizer open competition; requirements for open competition; terms of the state contract (description of goods (works, services), information about the quantity of goods, the provision of related services, the place of execution or providing services, time frames for the delivery of goods, delivery of works or provide services and others); requirements for the composition of the technical documentation for the delivered goods (work, services), as well as a description of the participants in the open competition for goods (works, services); criteria, based on that the organizers of the open competition will evaluate bids for the open competition; details of the order, place and time of application for open competition; The documentation; the duration of the applications for participation in the open competition; details of the place, date and time of opening of envelopes for open competition; details of envelope opening and bidding for open competition; other Organizer of the open competition. Article 15. Explanation of the provisions of the competition document Suppliers (performers) may require the organizer of the open competition to explain the provisions of the competitive documentation. The organizer of the open competition is obliged to reply to any requests received before the deadline for submitting applications for participation in the open tender for clarification of the provisions of the competitive documentation. The organizers of the open competition should send explanations of the provisions of the tender documents within the deadline allowing the suppliers or contractors to submit timely applications for participation in the open competition. Article 16. Applications for open competition 1. The deadline for submission of applications for participation in open competition may not be less than 45 days from the day of publication of the notice of holding an open competition in the official publication of the authorized federal executive authority. 2. In the event that the organizer of the open competition informs the suppliers or contractors of the provisions of the competitive documentation or discussions with them on the competitive documentation, it may, if necessary, extend the deadline for submission of applications to participate in the open competition. 3. Notice of the extension of the deadline for applications to participate in the open competition within three days is sent to the suppliers (s). 4. An application for participation in an open competition shall be made in writing and shall be submitted in a sealed envelope in the manner prescribed by the organizer of the open competition in the tender documentation. The organizer of the open competition issues a receipt to receive an application for participation in an open competition with the date and time of its receipt. 5. The envelope with the application for participation in the open contest, received by the organizer of the open competition after the deadline for submission of applications for participation in the open contest, is not opened and returned to the submitting supplier (the singer). Article 17. The validity, modification, and revocation of applications to participate in open competition 1. Applications for participation in the open competition shall be recognized as valid within the deadline established by the competitive documentation. 2. Prior to the expiry of the applications for participation in open competition, the organizer of the open competition has the right to invite the participants of the open competition to extend the deadline. A participant in an open competition is entitled to reject such a proposal, and the application for participation in the open competition shall be completed within the original deadline. 3. In the event that the tender documents are not provided otherwise, the participant of the open competition is entitled to change or withdraw his application for participation in the open competition before the deadline for applications for participation in open competition. Notice of the change of the application for participation in the open competition or its withdrawal must be sent to the organizer of the open competition before the deadline for applying for participation in the open competition. Article 18. Competition Commission 1. A competitive commission is established to decide on the winner of the open competition. The decision on the composition of the tender commission and its chairperson shall be taken by the organizer of the open competition. The chairman of the competitive commission shall hold a meeting of the tender commission, announce the winner of the open competition and sign the minutes of the open competition. 2. In its activities, the competition commission shall be guided by this Federal Law, other federal laws or other normative legal acts of the Russian Federation. Article 19. Opening Envelopes with Applications in Open Contest 1. The president of the competitive commission at a meeting of the tender commission opens the envelopes with applications for participation in the open competition in the place stipulated by the tender documentation and in the time stipulated by the tender documentation. 2. Open competition applicants or their representatives have the right to be present at the opening of envelopes with applications for participation in open competition. 3. The names, addresses of the participants of the open competition, the prices and the description of the goods (works, services) they offer during opening of envelopes with applications for participation in open competition are announced to the participants of the open competition and entered into the record Open competition. The details are reported to the missing participants in the open competition on their claims. Article 20. Review, evaluate, and compare open competition cases 1. The Competition Commission reviews, assesses and compares requests for participation in open competition to determine the winner of the open competition, in accordance with the requirements of the competitive documentation. 2. The Competition Commission has the right to require participants in open competition to explain the provisions of applications for participation in the open competition. 3. The application for participation in the open competition must meet all requirements of the tender documentation. 4. Competition Commission rejects bid for open competition in case: open competition participant does not meet the requirements of the open competition organizer; open contest participant refused to explain the provisions of the application for participation in the open competition in accordance with paragraph 2 of this article; the application for participation in the open competition did not meet the requirements of the competitive documentation. Article 21. The definition of the winner of an open competition 1. The winner of the open competition is the participant of the open contest, in an application for participation in an open competition which offers the best conditions for the supply of goods (works, services) for state needs. 2. The Competition Commission has the right to demand from the winner of the open contest confirmation of compliance with the requirements of the participants of the open competition, established by the organizer of the open competition. If, after the announcement of the winner of the open competition, the organizers of the open competition will be aware of the fact that the winner of the open competition has met the requirements of the participants of the open competition, the organizer of the open competition open competition, the winning bid is rejected and the new winner of the open competition is determined in accordance with article 20, paragraph 1, of this Federal Law and paragraph 1 of this article Participants in the open competition. 3. In case the winner of the open competition has not signed the state contract in the time limits set in the notice of open competition, the organizer of the open competition shall determine the new winner of the open competition in accordance with paragraph 1 of article 20 of this Federal Act and paragraph 1 of this article from among the other participants in the open competition. 4. The organizer of the open competition in three days sends the winner of the open competition a notice in writing to the winner of the open competition. 5. The organizer of the open competition no later than 20 days from the date of the definition of the winner of the open competition is obliged to publish in the mass media, including in the official publication of the authorized federal executive authority, Information on the results of the open competition-about the name of the winner of the open competition, the names of the goods (works, services) and prices of goods supplied (works, services). The provisions of this paragraph shall not apply if the cost of the publication of the information is more than 10 per cent of the contract price of the goods (work, services) established by the State contract. Chapter III. CONDUCT OF COMPETITION LAW AND CLOSURE Article 22. Closed contest 1. The organizer of the competition with the authorized federal executive authority is entitled to hold closed competitions in accordance with this Federal Law in cases where: is the subject of a state contract The supply of goods (works, services) for defence and security of the state in the part of the state secret in accordance with the legislation of the Russian Federation; technically complex goods (work, services) are produced Limited number of suppliers (performers). 2. When a closed contest is held, an invitation to participate in the closed contest is sent to each supplier (s). Notice of a closed contest is not published in the mass media. 3. The provisions of chapter II of this Federal Act apply to the holding of closed tenders, unless otherwise provided for in this article. CHAPTER IV. IMPLEMENTATION OF THE DOMESTIC COMPETITION Article 23. Two-stage competition 1. The organizer of the competition with the authorized federal executive authority has the right to hold two-stage competitions in accordance with this Federal Law in cases where: the organizer of the competition must be held Negotiations with suppliers (s) to determine their ability to meet public needs; the host of the contest intends to conclude a government contract for research, development and research. technology. 2. The relevant provisions of chapters II and III of this Federal Act apply to the two-stage competitions. 3. In a two-stage competition, all suppliers (performers) apply for participation in the competition, containing the characteristics of the delivered goods (works, services) without specifying their prices. In the first stage of a two-stage competition, the organizer of a two-stage competition is entitled to hold talks with the participants of the two-stage competition. As a result of the first stage of the two-stage competition, the organizer of a two-stage competition has the right to amend and supplement the provisions originally set out in the competitive documentation to the requirements of this Federal of the law. All changes and additions are made to the participants in the two-stage competition. 4. In the second stage of the two-stage competition, the participants of the two-stage competition are rebidding for participation in a two-stage competition with the price of goods delivered (works, services). 5. The review, evaluation and comparison of the resubmitted applications for participation in the two-stage competition are conducted in order to determine the winner of the two-stage competition in accordance with article 20, paragraph 1, and article 21, paragraph 1, of this Federal Law. Chapter V. AUTHORIZATION Article 24. Appeals in court The decisions taken by the organizers of the competition may be appealed to the courts in accordance with the legislation of the Russian Federation. Article 25. { \cs6\f1\cf6\lang1024 } Liability for violation of the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Purchase orders { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { } { \ The placing of orders for the supply of goods (works, services) for the state needs, the organizer of the competition and the participants of the competition carry civil-legal, administrative, criminal or other liability in accordance with the legislation of the Russian Federation THE RUSSIAN FEDERATION Chapter VI: FINAL PROVISIONS Article 26. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. Article 27. On the recognition that some legislative acts of the Federal Act have laped into the enactment of this Federal Act In connection with the adoption of this Federal Act, it is void: , paragraph 6 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3540); Paragraph 2 of Article 3 of the Federal Law "On State Defence Order" (Legislative Assembly of the Russian Federation THE RUSSIAN FEDERATION, 1996, N 1, sect. 6). Article 28. The regulation of legal acts in conformity with this Federal Law President of the Russian Federation, the Government of the Russian Federation to bring its normative legal acts into conformity with the present Federal law. President of the Russian Federation B. Yeltsin Moscow, Kremlin May 6, 1999 N 97-FZ