The main purpose of the terms of reference is to clearly define and fix the requirements for the procurement object. The law establishes that the name of the procurement is indicated in accordance with (part 4 of article 23). The catalog was approved by government decree No. 145 dated February 8, 2017.
If there is a description of the purchased products in the KTR, the customer is obliged:
- describe the object of procurement as provided for by the CTRU;
- include written justification in the description (if the description differs from that provided for in the CTRU).
The customer draws up the formulation of requirements on the basis of the rules for describing the procurement object (Article 33). Let's highlight some prerequisites:
- an indication of the equivalent;
- justification by regulations or other normative documents;
- availability of specifications, plans, drawings, sketches, images (if necessary);
- new condition of the goods (if there is no other need for the customer);
- requirements for providing a guarantee.
What to specify in the terms of reference
- general information;
- information about the purchased object;
- requirements for suppliers;
- conditions ;
- applications (allowed at the discretion of the customer).
Stages of drawing up terms of reference
1. Make a list of terms, definitions and abbreviations that will be used in the document.
2. Provide complete information about the customer:
- Name ( official name organizations indicating the organizational and legal form);
- address (of the organization or unit that is responsible for public procurement);
- working hours in accordance with the internal labor schedule.
3. Provide information on the procurement information:
- or not, and if yes, the rights and obligations of each customer (GD of November 28, 2013 No. 1088);
- centralized procurement, information about the authorized body (part 1 of article 26 of law No. 44-FZ);
- involvement of experts, the order of their work.
4. List information on public procurement:
- method of determining the supplier (part 1 of article 24);
- justification of the chosen method for determining the supplier (part 5 of article 24).
5. List the requirements for the participants: goodwill, availability of production facilities.
6. Indicate the initial conditions: reference, production, experimental information that influence the execution of the contract. For example, to service the purchased equipment only in the morning hours.
7. Provide information about the features of the production process or the architectural object of the customer, which will affect the process of contract execution. For example, when drafting the terms of reference, you may need to indicate that the delivery requires a manual lift to the third floor due to the lack of an elevator.
8. Indicate the exact location of the object, and, if necessary, its full description. This will be required, for example, for the design of utilities or for an accurate calculation of the cost of repairs.
9. Give the desired results (what problem the customer wants to solve).
10. Indicate the source of funding.
11. Establish a requirement for participants to comply with a certain regulatory framework, including those related to the subject of the contract, terms of performance, terms, warranty obligations.
12. Determine the conditions of public procurement (part 1 of article 19).
13. Indicate the name and justification of the public procurement object.
14. Describe the object of public procurement as accurately and in detail as possible (Article 33).
15. Determine the environmental features of the purchased object.
16. Specify the volume of purchased goods, frequency and delivery time.
17. Determine guarantee period and the scope of the guarantees provided.
18. Establish requirements for packaging, labeling, what conventional and special designations should be on it.
19. To oblige to provide confirmation of a new product or a need for a product of a different condition.
20. Determine operating costs.
21. Decide if installation and commissioning is needed.
22. Establish the order of delivery and acceptance.
23. Indicate the need to conduct tests, training of persons who will use the purchased goods.
Sample terms of reference for goods, works, services in 2020
Remember that a universal sample of the terms of reference for FZ-44 has not been developed; an individual approach is required for each purchase. Only in this way take into account all the needs and characteristics of the customer. As a guide, you can use this example of the terms of reference for 44-FZ (sample).
You can find a sample terms of reference for the performance of work on the Federal Law-44 in the material about or systems.
SPECIFICATIONS FOR DELIVERY
CAR
1. General requirements for delivery conditions
1.1 General requirements for the conditions and procedure for the delivery of a car (goods):
Delivery requirements: delivery of the car to Abakan and its transfer to the Buyer is carried out by the forces and at the expense of the Supplier with the execution of the relevant documents.
Terms of payment A: Payment is made in advance payment in the amount of 100% of the cost of cars;
Product acceptance: Acceptance of the goods in terms of quality, completeness and presentation is carried out during the transfer of the goods to the Buyer.
1.2. List of characteristics and quantity of goods
The customer intends to purchase the following products:
|
Name |
|
|
Vehicle - Toyota or equivalent. Car model - Verso LCA. Quantity - 1 pc. Year of release - 2012. The composition of the package:
Manufacturer's warranty for at least 3 years or 100,000 km. run. When offering an equivalent, information confirming the equivalence must be provided. |
2. Technical requirements for products
2.1. General requirements
General technical requirements for products:
Products must be new and not previously used;
The quality of the supplied products must comply with the current GOSTs and TUs, a certificate of conformity.
2. Requirements for the composition of the Participant's competitive offer
set out in the procurement documentation.
for the purchase passenger car
1. Purpose: Passenger transportation
2. Specifications:
Year of issue: not earlier than 2013
Exploitation: New (not used)
body type: SUV
Number of doors: at least 5
Colour: White
Power, hp: at least 249
box type: Automatic 8 steps
Type of fuel: Petrol
| Gas engine |
|
| Working volume, l./cu. cm. | at least 3.6/3597 |
| Max. Power kW/hp/ at rpm | at least 183/249/5500 |
| Max. torque Nm / at rpm | at least 360/3500 |
| Fuel consumption |
|
| In the urban cycle, l / 100km. | no more than 14.5 |
| Extra urban, l/100km | no more than 8.8 |
| Dynamic characteristics | Max speed with automatic transmission not less than 220 km/h, acceleration to 100 km/h no more than 8.4 sec. |
| Dimensions: |
|
| External dimensions: |
|
| Length, mm Width, mm Height, mm Wheel base, mm | at least 4790-4795 at least 1935-1945 at least 1705-1715 not less than 2890-2900 |
| Track front / rear, mm | at least 1650-1660/1670-1680 |
| Ground clearance, mm (at gross weight) | at least 159 |
| Ground clearance, mm | at least 201 |
| Turning diameter, m | at least 11.9 |
| Inner dimensions: |
|
| Door opening, front Height, mm Width, mm | not less than 930-940 at least 1535-1545 |
| Door opening, rear Height, mm Width, mm | at least 735-745 at least 1555-1565 |
| Elbow Width Front, mm Behind, mm | at least 1540-1550 at least 1505-1515 |
| luggage compartment: |
|
| Length with rear seat unfolded, mm Length with the rear seat folded, mm | not less than 970-980 at least 1810-1820 |
| Width, mm | at least 1340-1350 |
| Width between wheel arches, mm | not less than 1150-1160 |
| Height, mm | at least 460- 470 |
| Volume with the rear seat folded, l Volume with the unfolded rear seat, l | at least 575-585 at least 1635-1645 |
| Volume fuel tank, l | not less than 75-85 (optional - 100) |
| The vehicle must be equipped with: |
|
| 1. | On-board literature in Russian |
| 2. | Connector for connecting external audio devices AUX-IN |
| 3. | ESP including brake assist, ABS, ASR, EDS and steering system |
| 4. | Electromechanical amplifier steering, with variable efficiency depending on speed |
| 5. | Electronic immobilizer. |
| 6. | Bumpers in body color, air intakes with chrome trim. |
| 7. | 3-point automatic seat belts, front pretensioners. |
| 8. | Frontal airbags for the driver and front passenger, passenger - with the possibility of deactivation. Side airbags in front, side curtain airbags. |
| 9. | Exterior mirrors - electrically adjustable and heated |
| 10. | Fog lights with static turning light |
| 11. | Silver railings |
| 12. | Heated washer jets windshield |
| 13. | Front armrest |
| 14. | Spare wheel (maybe not full size) |
| 15. | 3-spoke multifunctional steering wheel with leather trim |
| 16. | Tool kit and jack |
| 17. | Warning triangle |
| 18. | Steering column with reach and tilt adjustment |
| 19. | Manual height adjustment for both front seats |
| 20. | Automatic 3-point rear seat belts for two passengers |
| 21. | Remote trunk release |
| 22. | 4 alloy wheels 8Jx18 |
| 23. | Green athermal glazing |
| 24. | Two cup holders in front |
| 25. | Aspherical exterior mirror on the driver's side |
| 26. | Standard rear seat recline |
| 27. | Center armrest front |
| 28. | Additional 12V sockets on the rear of the center console and in the trunk |
| 30. | Regenerative braking system |
| 31. | Navigation system: DVD drive for playing CD b DVD discs; Ability to play MP3/MP4 formats; Built-in hard disk for storing data of the navigation system, as well as music files in MP3/MP4/WMA formats; Displaying maps in 2D and 3D formats; Color display; K; art reader for SD / SDHC flash memory cards; Multifunction display |
| 32. | Daytime running lights |
| 33. | 8 speakers |
| 34. | Niche with a cover on the instrument panel |
| 35. | Footwell lighting, reading lights front and rear |
| 36. | Illumination in the front doors |
| 37. | Center armrest for rear seats |
| 38. | Cruise control |
| 39 | Generator 220A |
| 40. | Driver's knee airbag |
| 41. | Tire pressure monitoring system |
| 42. | Rear view camera |
| 43. | Side airbags for rear passengers |
| 44. | Blind Spot Monitoring System |
| 45. | air suspension |
| 46. | Dynamic High Beam Assist |
| 47. | Electrically heated windshield |
| 48. | Side rear windows and rear window - sun tinted |
| 49. | Central locking with engine start button |
| 50. | Anti-theft alarm. |
| 51. | Parking sensors front and rear |
| 52 | Leather trim, color - black |
| 53. | Heated front seats |
| 54 | Bi-xenon headlights with static cornering light and LED daytime running lights |
3. Security requirements: Safety requirements must be met
transportation of passengers. Rear parking aid.
4. Warranty period: at least 2 years without mileage limitation.
Requirements for the quality of the delivered car
When performing the technical task, the following must be taken into account
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» APPROVE»
acting head of Kamchatstat
__________________G.F. Dvorka
TECHNICAL TASK
for the purchase of a TOYOTA car Land cruiser Prado 4WD (or equivalent) for the needs of the Territorial Authority of the Federal State Statistics Service for the Kamchatka Territory
The delivered vehicle must meet the following requirements:
- The car must be new, the year of manufacture is not earlier than 2010.
- The location of the driver's seat - on the left;
- Full warranty and service maintenance in Petropavlovsk-Kamchatsky, the warranty period is at least 3 years or 100,000 km;
- Gasoline engine, volume not less than 3950 cubic meters. cm.;
- Transmission automatic, 5-speed;
- Number of doors - 5, number of seats - 7;
- Drive - permanent all-wheel drive;
- Forced blocking of the central and rear cross-axle differentials;
- Central limited slip differential;
- Adaptive suspension;
- Intelligent vehicle access system and engine start at the push of a button.
Delivered Vehicle Safety Requirements (Safety and Driving Assistance Systems):
- Body stabilization system, off-road assistance system (Crowl control), Anti-Lock Brake System (ABS), Emergency Brake Assist, traction control system, electronic system brake force distribution, cruise control system, system exchange rate stability, systems of the help at rise and descent on a slope;
- The presence of front and side airbags for the driver and passenger, a knee airbag for the driver, airbags;
- Presence of front and rear parking sensors;
- The presence of surveillance cameras around the perimeter - at least 4;
- Alarm with volume sensor, immobilizer.
Requirements for the functional characteristics of the delivered vehicle:
- Full power accessories, including power windows and mirrors, power seat adjustment and steering column (reach and tilt), electric heating of the front wipers and rear-view mirrors, electric seat heating;
- Cabin mirror with electrochromic coating;
- Memory position of the driver's seat, mirrors and steering column;
- Availability of an audio-video system with the ability to read CDs, DVDs, playback of audio-CD, MP3, WMA, DVD-video formats, FM radio of the Russian frequency range, the number of speakers is at least 14, a multifunctional color touch screen;
- Bluetooth communication system;
- Leather upholstery of seats and doors;
- Interior trim and steering wheel with woodgrain inserts;
- Separate 3-zone climate control;
- Third row of seats with electric folding;
- The presence of a windshield wiper and washer rear window, cleaners and headlight washers;
- Folding side mirrors with heating and electric drive;
- The presence of side steps, mudguards, an additional brake light, fog lights;
- Alloy wheel disks;
- Full-size spare wheel under the bottom;
- Body color - dark gray "metallic".
- Rubber floor mats with boards in the cabin and trunk;
- Windproof pads on the windows of the side doors;
- Hood deflector.
Additional equipment:
Additional set of winter wheels on alloy wheels (4 pieces).
Requirements for the quality of the delivered car:
The quality of the car must comply with current state standards, technical requirements, passport data, biomedical, sanitary and environmental standards established in the Russian Federation.
When performing the technical task, the following must be taken into account:
- The cost of the car includes all costs for the purchase, delivery, customs clearance,
- The car must be imported into Russia under full duty,
- The presence of documents confirming the certification of the car.
Place and time of delivery of the car:
Delivery of the car is carried out to the location of the Customer at the address: 683017, Kamchatka Territory, Petropavlovsk-Kamchatsky, st. Kronotskaya, 14. Delivery time - within 7 calendar days from the date of conclusion of the state contract for the purchase of a car.
Deputy Head A.V. Boyarsky
About buying a car
No, it is undesirable to indicate a specific car model, including with an equivalent clause, as this entails a narrowing of the circle of potential procurement participants and restriction of competition.
You can familiarize yourself with the antimonopoly practice in similar cases in the substantiation.
The rationale for this position is given below in the materials of Sistema Yurist and Sistema Goszakaz.
Buying a car with a trademark
"Problem:
Is the customer entitled to indicate his trademark (brand) with the words “or equivalent” in the terms of reference of the auction documentation for the supply of a car? *
According to paragraph 1 of part 1 of Art. 33 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) the customer when describing the procurement object in the procurement documentation should be guided, among other things, by the following rule:
the description of the procurement object must be objective. The description of the procurement object shall indicate the functional, technical and qualitative characteristics, performance characteristics procurement object (if necessary). The description of the object of procurement shall not include requirements or indications regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, as well as requirements for goods, information, works, services, provided that such requirements entail a limitation on the number of bidders, unless there is no other way that provides a more accurate and clear description of the characteristics of the subject matter of the procurement.
The procurement documentation may contain an indication of trademarks if, in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not the subject of the contract. At the same time, a prerequisite is the inclusion of the words “or equivalent” in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and consumables to machines and equipment used by the customer, in accordance with technical documentation for said machines and equipment.
According to part 2 of Art. 33 of Law No. 44-FZ procurement documentation in accordance with the requirements specified in Part 1 of Art. 33 of Law No. 44-FZ, must contain indicators that allow you to determine the compliance of the purchased goods, work, services with the requirements established by the customer. At the same time, the maximum and (or) minimum values of such indicators are indicated, as well as the values of indicators that cannot be changed.
Thus, it is prohibited to indicate trademarks when describing the object of procurement, except if:
- there is no other way to provide a more accurate and clear description of the characteristics of the subject matter of the procurement;
- when performing work, rendering services, it is supposed to use goods, the supply of which is not the subject of the contract;
- we are talking about the purchase of goods that will interact with the goods used by the customer;
- if spare parts and consumables are purchased for machines and equipment used by the customer, in accordance with the technical documentation for these machines and equipment.
In this case, the purchase of a car of a certain brand, for example, "Renault Duster" (with the words "or equivalent") is not a case where there is no other way that provides a more accurate and clear description of the characteristics of the object of the purchase and does not apply to other cases of exceptions, when it is possible to indicate a trademark. The purchase of a specific car of a certain manufacturer is not objective and justified, since the customer can use any car of a similar "class" and the indication of the car's trademark will be a requirement that limits the number of participants in the purchase.
When purchasing a car, the customer should set the maximum and (or) minimum values of the indicators of the procurement object, as well as the values of the indicators that cannot be changed. The object of the purchase should be described in such a way that cars of another brand (another manufacturer) could fit the description.
In our opinion, the requirements for a trademark (brand) of a car (with the words “or equivalent”) can be appealed to the antimonopoly authority due to the fact that only a certain product of a certain manufacturer can actually be offered, especially if and when “ application” of the equivalence parameters, in fact, only a car of a certain brand can be offered for delivery.
So, for example, in the Decision of the Dagestan OFAS Russia dated September 8, 2014 No. 478A-2014, it is noted: “in violation of paragraph 1 of part 1 of Art. 33 of Law No. 44-FZ, the Customer included in the auction documentation an indication of the trademark, namely: "Supply of a car" Toyota Camry"(domestic assembly) or equivalent".
The commission also found that other car brands do not fit the parameters of the Toyota Camry specified in the auction documentation. Cars most similar in parameters to Toyota Camry " Nissan Teana" and " Honda Accord” also do not meet the requirements of the Customer in terms of the parameters “Luggage volume” and “Fuel consumption”, respectively.
The Customer did not provide arguments indicating the possibility of offering for delivery a product equivalent to the Toyota Camry brand, in connection with which the Applicant's argument about the establishment of requirements for the product in the Auction documentation, which entail a limitation on the number of participants in the purchase, should be considered reasonable.
Thus, by establishing the requirements for the goods, which entail a limitation on the number of participants in the purchase and indicating in the auction documentation the trademark of the goods supplied, the Customer violated the requirements of clause 1, part 1, art. 33 of Law No. 44-FZ.
The Decision of the Ryazan OFAS of Russia dated August 4, 2014 in case No. 265/2014-Z/2 also notes: “Based on the results of the analysis of the documentation “Terms of Reference” containing a description of the procurement object (when conducting an electronic auction for the supply of a passenger car “Toyota Camry" or equivalent) found that the product performance ranges specified by the customer correspond to only one vehicle with the Toyota Camry trademark. In the complaint, the Applicant provided information about technical specifications cars of a similar class, namely: Mazda 6, Nissan Teana, Honda Accord, which, according to certain parameters, do not meet the requirements set by the customer. The representative of the Customer did not provide evidence of the presence of another car that meets the parameters set in the terms of reference of the auction documentation.
Thus, the Customer in the electronic auction documentation includes requirements indicating a trademark, service mark, trade name, which entail a limitation on the number of procurement participants, namely: Toyota brands Camry, which is a violation of paragraph 1 of part 1 of Art. 33 of Law No. 44-FZ.
Thus, based on the results of consideration of the complaint by the antimonopoly authority, in our opinion, there is a risk of recognizing the customer as violating clause 1, part 1, art. 33 of Law No. 44-FZ, including if the applicant proves that only a certain car is suitable for the customer's requirements (only this car can be offered for delivery) and the customer cannot prove the opposite.
Please note that in addition to the risk of canceling such a purchase (by order of the antimonopoly authority), there is a risk of bringing the customer to administrative responsibility under clause 4.1. Art. 7.30 Administrative Code of the Russian Federation.
Recall that in accordance with the specified norm of the Code of Administrative Offenses of the Russian Federation, the inclusion in the description of the procurement object of requirements and instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, requirements for goods, information , works, services, provided that such requirements entail limiting the number of procurement participants, except as provided for by the legislation of the Russian Federation on the contract system in the field of procurement, or the inclusion in one lot, the object of procurement of goods, works, services, technologically and functionally unrelated, entails the imposition of an administrative fine on officials in the amount of 1% of the initial (maximum) price of the contract, but not less than 10 thousand rubles. and no more than 50 thousand rubles.
In this regard, we recommend customers to bear in mind these risks and make a decision on the description of the procurement object, guided by Art. 33 of Law No. 44-FZ (without indicating the trademark (brand) of the car, including with the words "or equivalent") * ".
Amendments to the collective agreement: how to issue Based on Art. 44 of the Labor Code of the Russian Federation, the procedure for amending ...
Annex An annex to a contract is a document that clarifies or discloses in more detail the content of contractual terms.…
The purchase of a car under 223 FZ can be carried out not only in the form of tenders, because price vehicle is not limited to certain limits and can be any.
However, if this method is chosen, the law establishes serious requirements. A customer who does not comply with them will face serious fines.
The regulation on 223 FZ must contain the following information on the purchase:
what they apply to;
its amount;
what goods are purchased;
implementation plan.
Terms of reference for the purchase of vehicles
According to 223 FZ, the quantity of goods and their characteristics must be contained in the notice of purchase, but given that this document is always published along with others, the law allows deviations from this rule. For example, the quantity of goods and their characteristics can be specified in the tender documentation, namely, in the terms of reference. As a rule, it is this document that contains all the information about the subject of the auction that the bidder should know.
The approximate content of the TOR for the purchase of a car according to 223 FZ:
purpose of transport;
terms of payment;
the price of the vehicle and its components: insurance, taxes, customs duties, etc.;
technical conditions: approximate dimensions, weight, engine characteristics, amount of fuel consumed, body type, etc.;
terms of delivery of the car;
year of issue (not earlier than ..., not later than ...);
supplier requirements;
delivery conditions.
An important point for both customers and suppliers is the price of the car, it should include all the costs of transporting the vehicle to the place, insurance, customs clearance, etc. This is necessary condition, the customer decides on the choice of supplier based on the final price that he offers.
In order to avoid problems with the FAS, it is necessary to correctly draw up the TOR for the tender.
You cannot specify specific characteristics, brand or parameters of the machine.
For example, if the tender documentation specifies that the length of the purchased vehicle must be exactly 4.5 meters, the customer may well have problems with the FAS. Why? Because if you can't substantiate the claims, most likely the Federal Antimonopoly Service will consider this a restriction of competition.
Thus, the main thing is not to specify the exact parameters.
Advice: if you need a car with a length of 4 meters, in the terms of reference you need to clarify that deviation from the norm is allowed within certain limits (for example, 20 cm in any direction). And if purchases are made on a vehicle of a certain brand, indicate that its analogues are allowed.
The main requirement of 223 FZ to the terms of reference is its validity. As an example was already given above, if the TOR is drawn up for the parameters of a particular vehicle, the FAS may regard this as an artificial restriction of competition and may impose a fine for such actions.
Requirements for the vehicle supplier as part of the procurement of 223-FZ
He must be an official representative (dealer or distributor) of the vehicle manufacturer.
The supplier must provide a certificate and an agreement with the manufacturer, as well as similar documents.
The company must show no signs of bankruptcy.
Lack of ongoing litigation on previously concluded contracts.
Absence of overdue debts to any budgets or off-budget funds.
This is a list of formal requirements for suppliers that do not restrict competition under either Federal Law 44 or Federal Law 223.
Also, at its discretion, the customer may include other, more subjective conditions: for example, the supplier's experience in a particular market sector or the availability positive feedback consumers.
OOO IWC"RusTender"
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