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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102059526

Expired-the Federal law dated 21.07.2005 N 94-FZ of the RUSSIAN FEDERATION federal law on competitions for the placing of orders for the delivery of goods, works and services for State needs adopted by the State Duma April 7, 1999 the year approved by the Federation Council April 22, 1999 years this federal law regulates relations arising between the organiser (State employer) and participants (suppliers (performers) in the process of competition for the placing of orders for the delivery of goods , works and services for public use.
State customer places orders for delivery of goods, works and services (hereinafter referred to as the supply of goods (works, services) for State needs through competitions, unless otherwise provided by the legislation of the Russian Federation.
Chapter i. General provisions article 1. The scope of this federal law 1. This federal law applies in the case of competitions for the placing of orders for the delivery of goods (works, services) for State needs (hereinafter also-contests).
2. features of contests on the placement of orders for construction work for the State needs, fuel deliveries for State needs, the purchase and supply of agricultural products, raw materials, food for public use, as well as on the supply of fuel and food for public needs in areas of the far North and similar terrain may be included in other federal laws.
Article 2. The basic concepts used in the present Federal law in this federal law uses the following concepts: State needs-the needs of the Russian Federation in the goods (works, services) provided by the federal budget and extrabudgetary sources of funding;
State contract-the contract for the supply of the goods (works, services) for State needs to be concluded between the public authority and the winner of the contest in accordance with legislation of the Russian Federation;
the contest is a way to identify provider (Executive Director) of goods (works, services) for State needs, providing the best conditions for execution of government contract;
the organizer of the contest-State customer in the face of a federal body of executive power, as well as the legal person to whom the State customer on a contract basis handed part of its responsibility to conduct the contest;
the participant-provider (artist), carrying out business activity for the production of goods (works, services) and an applicant for participation in the competition.
Article 3. The legislation of the Russian Federation on competitions for the placing of orders for the delivery of goods (works, services) for State needs the relations arising between the organizers of the competitions for the placing of orders for the delivery of goods (works, services) for State needs and participants in such contests in the process of their implementation shall be governed by the Civil Code of the Russian Federation, this federal law, other federal laws and other regulatory legal acts of the Russian Federation.
Article 4. Supervising and coordinating the conduct of competitions 1. Supervising and coordinating the conduct of competitions are carried out by an authorised by the Government of the Russian Federation Federal Executive Body (hereinafter referred to as the authorized federal body of executive power).
2. Functions of the authorized federal body of executive power defines the Government of the Russian Federation in accordance with this federal law and other normative legal acts of the Russian Federation.
Article 5. Requirements for participants 1. A participant may be the only provider (artist), has production facilities, equipment and labor necessary for the production of goods (works, services).
Contest Organizer may establish additional requirements for participants in each competition.
2. the contest organizer shall have the right to demand from the contest participants provide information on their compliance with the requirements established by the organizer of the contest.
3. contest requirements established by the organizer of the contest are all participants in the tender documentation.
4. the Contest Organizer is obliged to remove the participant from the competition at any stage of the vote in the case of a participant of inaccurate information on its compliance with the competition requirements.
Article 6. Participation in the competition for foreign providers (artists) foreign suppliers (performers) goods (works, services) can participate in the contest if the production of goods (works, services) for State needs in the Russian Federation is missing or is economically inexpedient.
Article 7. Exchange of information between the organiser and the participants of the contest

1. Exchange of information between the organiser and the participants of the competition shall be carried out in writing in accordance with this federal law.
2. Exchange of information between the organiser and the participants of the contest stipulated by paragraph 6 of article 11, paragraph 2 of article 17 and paragraph 2 of article 20 of this federal law may be exercised by means that do not reproduce the content of the information in writing, provided further confirmation in writing.
Article 8. Protocol of the contest 1. When the competition Organizer is obliged to maintain the Protocol of the contest, stating: a) a brief description of the goods (works, services);
b) names and addresses of the participants;
list of contest participants) who have not passed the preliminary selection (in the case of such selection);
g) prices of goods (works, services), proposed by the participants of the contest;
d) the name of the winner of the contest and they delivered prices of goods (works, services);
e) reason the adoption of the competition decisions rejecting applications for participation in the contest in accordance with this federal law;
f) reasons why the State contract is concluded;
w) information referred to in paragraph 2 of article 9 hereof.
2. After the contest particulars referred to subparagraphs "a", "b" and "d" paragraph 1 of the present article shall be provided to suppliers (performers) who purchased the tender documentation, upon their request.
3. After the contest particulars referred to subparagraphs "a"-"w" paragraph 1 of the present article shall be provided to the participants upon their request.
4. the contest organizer shall not have the right to provide the information constituting or commercial secret.
Article 9. Types of competitions 1. The organizer of the contest takes place the placing of orders for the supply of goods (works, services) for State needs through open competitions (including two-stage competitions) and closed competitions (including two-stage competitions). The preferred view competition is open competition.
2. Protocol of the contest must contain the grounds for the adoption of the competition the selection type of contest.
Article 10. Antitrust contests relations arising between the organiser and the participants in the process of conducting the competition and affecting competition on the product markets are regulated by antitrust law.
CHAPTER II. An OPEN COMPETITION Article 11. Preliminary selection of the participants of the open competition 1. The Organizer is empowered to conduct an open competition preliminary selection of the participants of the open competition (hereinafter referred to as the preliminary selection) in order to identify suppliers (performers) which comply with the requirements to the participants of the open competition established by the organizer of the open competition.
2. A notice of a preliminary selection of organizer of public competition shall publish in mass media, including in the official publication of the authorized federal body of executive power.
3. A notice of a preliminary selection must contain: the name of the organizer of the open competition and venue of pre-selection;
on the type and quantity of the goods and the place of delivery, the form works and the place of execution and place of services provision;
on the date of delivery of goods (works, services);
about requirements for participants in open competition established by the organizer of the open competition;
on the manner and place of receipt of documentation on pre-selection;
on the amount of fees charged by the organizer of the open competition for obtaining documentation on pre-selection, if such fee has been established;
on the order and timing of payment providers (performers) documentation on pre-selection, if such fee has been established;
on the manner, place and deadline for the submission of applications for participation in the pre-selection.
4. Open Contest Organizer provides documentation on pre-selection each supplier (Executive Director) who is requesting such documentation and makes a charge for documentation on pre-selection, if this card is installed. Documentation fee on pre-selection shall not exceed the cost of the organizer of the open competition for the manufacture of specified documentation and delivery of its suppliers (performers).
5. Documentation on pre-selection shall contain: instructions on the preparation of applications for participation in the pre-selection;
Government contract conditions;
information about the order, the place and date of the filing of applications for participation in the pre-selection;
open competition requirements set by the organizer of the open competition.

6. open competition Organizer is obliged to answer a query provider (Executive Director) in part explain the provisions on pre-selection documentation received not later than 10 days before the deadline to participate in the pre-selection proceedings. A written response to a query, open competition Organizer provider (performer) must be sent in time for the vendor (the Executive Director) to timely apply for participation in the pre-selection proceedings.
7. the organizer of the open competition matches (performers) requirements for participants in open competition established by the organizer of the open competition and decides on each vendor (Executive Director), the applicant participated in the pre-selection.
8. the organizer of the open competition is obliged within three days to notify each vendor (Executive Director), the applicant participated in the preliminary selection, the results of the selection process. The right to participate in the open competition are only suppliers (artist), short-listed.
9. open competition Organizer is obliged to answer in writing on the request of the supplier (Executive Director), failed the pre-selection of open competition, with an indication of the grounds for a decision.
Article 12. Notice of an open competition 1. Notice of an open competition open competition Organizer publishes in mass media, including in the official publication of the authorized federal body of executive power.
2. Notice of an open competition shall contain: the name and address of the organizer of the open competition;
about the time and venue of the open competition;
on the conditions of State contract (information on the type and quantity of the goods and the place of delivery, the form works and the place of execution and place of services provision and others);
on the date of delivery of goods (works, services);
about requirements for participants in open competition established by the organizer of the open competition;
on the manner and place of receipt of tender documentation;
the amount charged by the organizer of the open competition for the tender documentation fee if such fee has been established;
on the order and timing of payment participants in open competition of tender documentation, if such fee has been established;
on the manner, place and date of applying for participation in the open competition;
on the term of the State contract.
Article 13. Conditions for the provision of competitive documentation open Contest Organizer provides tender documentation to suppliers (performers), pre-selected in the case and paid the tender documentation, if such a card is installed. Tender documentation fee shall not exceed the cost of the organizer of the open competition for the manufacture of specified documentation and delivery of its suppliers (performers).
Article 14. The content of the tender documentation must contain the following information: tender documentation for instructions on the preparation of applications for participation in the open competition;
open competition requirements set by the organizer of the open competition;
requirements for applications for participation in the open competition;
Government contract conditions (description of the goods (works, services), information about the quantity of goods, for the provision of ancillary services, on the place of performance of works or provision of services, the timing of delivery of goods, performance of works or provision of services, and others);
requirements for the composition of the technical documentation on the delivered goods (works, services), as well as to the description of participants in an open competition for the supplied goods (works, services);
the criteria on which the organizer of the open competition will evaluate applications for participation in the open competition;
information about the order, the place and date of the filing of applications for participation in the open competition;
ways of explanations of the provisions of the tender documents;
the validity dates of the applications for participation in the open competition;
information about the place, date and time of the opening of bids for participation in open competition;
information on the procedure for opening and consideration of applications for participation in the open competition;
other established by the organizer of the open competition requirements.
Article 15. Clarification of tender documentation Providers (artists) are entitled to request from the organizer of the open competition explain the provisions of the tender documents. Open competition Organizer is obliged to answer any received prior to the expiry of the filing of applications for participation in the open competition suppliers (performers) on the clarification of the provisions of the tender documents. The organizer of the open competition should send their suppliers (performers) clarify the provisions of the tender documents in time for suppliers (performers) on time to submit applications to participate in open competition.
Article 16. Applications for participation in the open competition 1. The deadline for the open competition cannot be less than 45 days from the date of publication of notice of an open contest in the official publication of the authorized federal body of executive power.

2. In case the Organizer open competition shall bring to the attention of the (performers) explain the provisions of the tender documents or discuss with them the tender documentation, it may, as appropriate, to extend the deadline for the open competition.
3. Notice of extension of deadline for applications to participate in open competition in three days is sent to suppliers (performers).
4. Application for participation in the open competition shall be in writing and filed in a sealed envelope in the manner prescribed by the organizer of the open competition in the tender documents. Open Contest Organizer shall provide a receipt to receipt of applications to participate in open competition with the date and time of receipt.
5. The envelope with the application for participation in the open competition, obtained by the organizer of the open competition on the expiry of a deadline for applications to participate in open competition, is not opened and returned to the submitting vendor (Executive Director).
Article 17. Duration, amendment and review of applications for participation in the open competition 1. Applications for participation in the open competition are valid within the time limit prescribed by the tender documents.
2. Before the expiry of the applications for participation in the open competition open competition organizer may invite participants to open competition to extend this period. A participant in an open competition shall have the right to reject such a proposal, the application requests to participate in open competition ends in the original deadline.
3. If the tender documentation except as otherwise provided, the participant has the right to change the open contest or withdraw its application to participate in the open competition before the expiry of the deadline for applications to participate in open competition. Change notification requests to participate in an open competition or its revocation must be sent to the organizer of the open competition before the expiry of the deadline for applications to participate in open competition.
Article 18. Competition Commission 1. To decide the winner of the open competition the competitive Commission created. Decision on the composition of the competition Commission and its Chairman was adopted by the organizer of the open competition. The Chairman of the competition Commission conducts meeting of the Contest Committee announces the winner of the open competition and signs the Protocol of an open competition.
2. In its activity, the competition Commission is guided by this federal law, other federal laws or other normative legal acts of the Russian Federation.
Article 19. Autopsy envelopes with bids to participate in open competition 1. The Chairman of the competition Committee at the meeting of the Contest Committee reveals the envelopes with bids to take part in an open competition in accordance with contest documentation site and at the scheduled time of contest documentation.
2. participants in the open competition, applicants for participation in the open competition or their representatives may be present at the opening of the envelopes with bids to participate in open competition.
3. the names, addresses participants of the competition, prices and description of goods (works, services) at the opening of the envelopes with bids to participate in the open competition will be declared open competition and participants present shall be entered in the minutes of an open competition. This information shall be communicated to the missing participants open competition according to their requirements.
Article 20. Examination, evaluation and comparison of bids for participation in open competition 1. Competition Commission carries out examination, evaluation and comparison of bids for participation in open competition to determine the winner of the open competition in accordance with the requirements of the tender documentation.
2. The Commission may require the parties to clarify the provisions of the open competition applications for participation in the open competition.
3. Application for participation in the open competition must meet all of the requirements of the tender documentation.
4. The competition Commission rejects an application to participate in an open competition if: party open competition does not comply with the requirements established by the organizer of the open competition;
a participant in an open competition refused to give clarification of application forms for participation in open competition in accordance with paragraph 2 of this article;
application for participation in the open competition does not meet the requirements stipulated in the tender documentation.
Article 21. Winner of the open competition 1. The winner shall be the participant open competition in the application for participation in the open competition which offered the best conditions of deliveries of goods (works, services) for State needs.
2. The competition Commission has the right to require the winner of the open competition for conformity attestation requirements for participants in open competition established by the organizer of the open competition.

If after the announcement of the winner of the open competition Organizer open competition will be known facts inconsistencies winner of the open competition requirements for participants in open competition established by the organizer of the open competition, the winner of the bid to participate in the open competition was rejected and a new winner of the open competition shall be determined in accordance with paragraph 1 of article 20 of this federal law and paragraph 1 of this article, from among the remaining participants in open competition.
3. In the event that the winner of the open competition had not signed the contract in the State set out in the notice on the conduct of open competition deadlines, organizer of the open competition defines the new winner of the open competition in accordance with paragraph 1 of article 20 of this federal law and paragraph 1 of this article, from among the remaining participants in open competition.
4. the organizer of the open competition in three-day term directs the winner of the open competition notice in writing of its recognition as the winner.
5. the organizer of the open competition not later than 20 days from the date of determination of the winner of the open competition is obliged to publish in mass media, including in the official publication of an authorized federal executive body, information on the results of open competition-the name of the winner of the open competition, of the names of supplied goods (works, services) and the prices of goods (works, services).
The provisions of this paragraph do not apply if the costs of publication this information will constitute more than 10 per cent of the State contract price of the goods (works, services).
CHAPTER III. The HOLDING of a CLOSED COMPETITION Article 22. Closed competition 1. The organizer of the competition in consultation with the authorized federal body of executive power shall have the right to hold closed competitions in accordance with this federal law in cases if: the subject of the public contract is the supply of goods (works, services) for the needs of the defense and security of the State in part that constitutes a State secret in accordance with the legislation of the Russian Federation;
technically complex goods (works, services) produced a limited number of suppliers (performers).
2. When conducting a closed competition invitation to participate in a closed competition is sent to each supplier (Executive Director). Notice of holding of a closed competition in the media is not published.
3. To conduct closed competitions shall be governed by the provisions of chapter II of this federal law, unless otherwise provided for in this article.
CHAPTER IV. The HOLDING of the TWO-STAGE COMPETITION Article 23. A two-phase competition 1. The organizer of the competition in consultation with the authorized federal body of executive power shall have the right to conduct a two-stage competitions in accordance with this federal law in cases where: the organizer of the contest, you must negotiate with suppliers (performers) in order to determine their ability to provide public service expenditures;
the organizer of the contest intends to conclude a State contract to perform research, development and technological works.
2. To conduct the two-stage competitions applied the relevant provisions of chapters II and III of the present Federal law.
3. When conducting a two-phase competition all suppliers (artist) to apply for participation in the said contest, containing specifications of delivered goods (works, services) without specifying their prices.
In the first phase of a two-phase competition organizer of two-stage competition shall have the right to negotiate with the parties to the two-stage competition.
Based on the results of the first phase of a two-phase competition organizer of two-stage competition shall have the right to make changes and additions to the originally set out in the tender documentation provisions conforming to the requirements of this federal law. All changes and additions shall be communicated to the parties to the two-stage competition.
4. the second phase of a two-phase competition participants two-stage competition serves re application for participation in the two-stage competition with prices of delivered goods (works, services).
5. Examination, evaluation and comparison of bids again to participate in the two-phase competition carried out in order to determine the winner of the two-stage competition in accordance with paragraph 1 of article 20 and paragraph 1 of article 21 hereof.
Chapter v. DISPUTE RESOLUTION Article 24. Judicial review decisions taken by the competition in the competition, can be appealed in the courts in accordance with the legislation of the Russian Federation.
Article 25. Responsibility for violation of legislation on competitions for the placing of orders for the delivery of goods (works, services) for State needs

For violation of the requirements established by the legislation about contests on the placing of orders for the delivery of goods (works, services) for State needs, the organizer of the contest and the contest participants bear the civil, administrative, penal or other liability in accordance with the legislation of the Russian Federation.
CHAPTER VI. FINAL PROVISIONS Article 26. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 27. About repealing certain acts in connection with the adoption of this federal law in connection with the adoption of this federal law shall be declared null and void: paragraph 6 of article 3 of the Federal law "about the supply of products for Federal State needs" (collection of laws of the Russian Federation, 1994, no. 34, art. 3540);
second paragraph of article 3, paragraph 4 of the Federal law "on State Defense order" (collection of laws of the Russian Federation, 1996, no. 1, p. 6).
Article 28. Bringing of normative legal acts in accordance with this federal law, the President of the Russian Federation, the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin May 6, 1999 N 97-FZ