How to purchase a car under 44-FZ, what restrictions to take into account, what to write in the terms of reference, how to justify the purchase, read in the article. We will also consider the purchase of spare parts.
Purchase of a car under 44-FZ in 2019
As in all procedures, when purchasing cars under 44-FZ, there are restrictions: it is impossible to indicate the make and model of the car in the description of the purchase object. This is only allowed with the phrase "or equivalent". Please note that the following goods must be purchased through an electronic auction according to the list from the order of the Government of the Russian Federation dated 03/21/2016 No. 471-r:
- motor vehicles, trailers and semi-trailers - OKPD2 code 29;
- other means of transport and equipment - code OKPD2 30 (except for codes 30.1, 30.3, 30.92.2).
As for the rationale for the purchase, draw it up in accordance with Decree of the Government of the Russian Federation dated 06/05/2015 No. 555. You can indicate the state or regional program, and if the purchase falls under non-program expenses, you can include the following wording: "Implementation of functions and powers."
Restrictions
When purchasing a car according to 44-FZ, consider the requirements of rationing. These are the marginal indicators of the characteristics and prices of purchased goods. For cars, they are specified in Decree of the Government of the Russian Federation of September 2, 2015 No. 927. The engine power of a passenger car should be no more than 200 Horse power. marginal cost vehicle depends on the category of the customer:
- head or deputy head of a federal state body - 2.5 million rubles;
- head of a federal government body (in federal agency), deputy head of a federal state body (in the federal service or in a federal agency) - 2 million rubles;
- the head (or his deputy) of a structural subdivision of a federal state body - 1.5 million rubles.
National Treatment
Car purchases under 44-FZ are subject to a ban under the national regime. The rules are established in Decree of the Government of the Russian Federation of July 14, 2014 No. 656. The ban applies to the purchase of cars of foreign origin, as well as to:
- bulldozers on caterpillar tractors;
- tractors;
- self-propelled graders;
- excavators;
- vehicles with a spark ignition engine, with a cylinder capacity of not more than 1500;
- vehicles with a spark ignition engine, with a displacement of more than 1500 cylinders;
- transport from piston engine internal combustion compression ignition (diesel or semi-diesel);
- buses;
- trolleybuses;
- trucks.
The essence of the restrictions is that when purchasing a car or leasing services with the subsequent purchase of a vehicle, the customer is obliged to reject applications with products from foreign countries, with the exception of the EAEU countries. You can confirm the country of origin with a certificate issued by the authorized body of the EAEU member state.
The main rule when purchasing vehicles is to give preference to Russian goods and follow the rules of rationing. In the documentation, establish a ban on the admission of foreign engineering goods, and in the schedule, show that you are applying the national regime. In the terms of reference, do not indicate the brand of the car, otherwise you will limit competition. See how to proceed step by step when purchasing vehicles.
An example of a correct technical specification for a car
When drawing up a description of the procurement object, consider the requirements of Art. 33 of Law 44-FZ. In particular, include images or photographs of the product in the terms of reference, use indicators that are provided for by publicly available technical regulations. There is no approved specification form. Often, customers include a table in the documentation, which indicates the name of the car, characteristics, quantity and price.
Consider a real example of the description of the procurement object. The customer purchased a car DATSUN on-Do ACCESS MT or equivalent, NMTsK amounted to 452 thousand rubles, notification number in the EIS 0134300065319000028. The following characteristics were indicated in the terms of reference:
- color - gray;
- engine volume, l. - not less than 1.6 liters, power, hp - not less than 87 hp;
- gearbox - mechanical transmission;
- ABS with distribution system braking force;
- BAS (Electronic Brake Booster);
- EBD (Electronic Brakeforce Distribution);
- driver's airbag;
- three-point inertial seat belts;
- heated front seats;
- electric power steering;
- steering wheel height adjustment;
- folding rear seats;
- front and rear mudguards;
- year of issue - not earlier than 2019.
Purchase of spare parts for cars according to 44-FZ
When purchasing automotive parts under 44-FZ, customers indicate the make of the car, license plate number and body number. This is permissible because technical documentation the machine is prohibited from using other spare parts. Accordingly, participants offer only spare parts suitable for a particular vehicle.
Consider how to write a description of the procurement object, using an example. The customer purchased spare parts for several cars - notification number in the EIS 0138100005319000022. In the terms of reference, he indicated the models and listed which spare parts are needed, without specific characteristics. For example, to UAZ Patriot state. No. В921ВТ body 316300F1048635 required:
- generator drive belt 1 pc.;
- set of pivots with bearings 1 pc.;
- front gearbox shank oil seal 1 pc.
Attached files
- Technical task to supply passenger car.docx
- Terms of reference for the supply of special vehicles.docx
- Terms of reference for the supply of a school bus.docx
The purchase of a car under 223 FZ can be carried out not only in the form of tenders, because the price of the 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. it 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 4 meters long, 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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How to purchase a car under 44-FZ, what restrictions to take into account, what to write in the terms of reference, how to justify the purchase, read in the article. We will also consider the purchase of spare parts.
Purchase of a car under 44-FZ in 2019
As in all procedures, when purchasing cars under 44-FZ, there are restrictions: it is impossible to indicate the make and model of the car in the description of the purchase object. This is only allowed with the phrase "or equivalent". Please note that the following goods must be purchased through an electronic auction according to the list from the order of the Government of the Russian Federation dated 03/21/2016 No. 471-r:
- motor vehicles, trailers and semi-trailers - OKPD2 code 29;
- other means of transport and equipment - code OKPD2 30 (except for codes 30.1, 30.3, 30.92.2).
As for the rationale for the purchase, draw it up in accordance with Decree of the Government of the Russian Federation dated 06/05/2015 No. 555. You can indicate the state or regional program, and if the purchase falls under non-program expenses, you can include the following wording: "Implementation of functions and powers."
Restrictions
When purchasing a car according to 44-FZ, consider the requirements of rationing. These are the marginal indicators of the characteristics and prices of purchased goods. For cars, they are specified in Decree of the Government of the Russian Federation of September 2, 2015 No. 927. The engine power of a passenger car should be no more than 200 horsepower. The maximum cost of the vehicle depends on the category of the customer:
- head or deputy head of a federal state body - 2.5 million rubles;
- head of a federal state body (in a federal agency), deputy head of a federal state body (in a federal service or federal agency) - 2 million rubles;
- the head (or his deputy) of a structural subdivision of a federal state body - 1.5 million rubles.
National Treatment
Car purchases under 44-FZ are subject to a ban under the national regime. The rules are established in Decree of the Government of the Russian Federation of July 14, 2014 No. 656. The ban applies to the purchase of cars of foreign origin, as well as to:
- bulldozers on caterpillar tractors;
- tractors;
- self-propelled graders;
- excavators;
- vehicles with a spark ignition engine, with a cylinder capacity of not more than 1500;
- vehicles with a spark ignition engine, with a displacement of more than 1500 cylinders;
- vehicles with a piston internal combustion engine with compression ignition (diesel or semi-diesel);
- buses;
- trolleybuses;
- trucks.
The essence of the restrictions is that when purchasing a car or leasing services with the subsequent purchase of a vehicle, the customer is obliged to reject applications with products from foreign countries, with the exception of the EAEU countries. You can confirm the country of origin with a certificate issued by the authorized body of the EAEU member state.
The main rule when purchasing vehicles is to give preference to Russian goods and follow the rules of rationing. In the documentation, establish a ban on the admission of foreign engineering goods, and in the schedule, show that you are applying the national regime. In the terms of reference, do not indicate the brand of the car, otherwise you will limit competition. See how to proceed step by step when purchasing vehicles.
An example of a correct technical specification for a car
When drawing up a description of the procurement object, consider the requirements of Art. 33 of Law 44-FZ. In particular, include images or photographs of the product in the terms of reference, use indicators that are provided for by publicly available technical regulations. There is no approved specification form. Often, customers include a table in the documentation, which indicates the name of the car, characteristics, quantity and price.
Consider a real example of the description of the procurement object. The customer purchased a car car on-Do ACCESS MT or equivalent, NMTsK amounted to 452 thousand rubles, notification number in the EIS 0134300065319000028. The following characteristics were indicated in the terms of reference:
- color - gray;
- engine volume, l. - not less than 1.6 liters, power, hp - not less than 87 hp;
- gearbox - mechanical transmission;
- ABS with brake force distribution system;
- BAS (Electronic Brake Booster);
- EBD (Electronic Brakeforce Distribution);
- driver's airbag;
- three-point inertial seat belts;
- heated front seats;
- electric power steering;
- steering wheel height adjustment;
- folding rear seats;
- front and rear mudguards;
- year of issue - not earlier than 2019.
Purchase of spare parts for cars according to 44-FZ
When purchasing automotive parts under 44-FZ, customers indicate the make of the car, license plate number and body number. This is permissible, since the technical documentation for the machine prohibits the use of other spare parts. Accordingly, participants offer only spare parts suitable for a particular vehicle.
Consider how to write a description of the procurement object, using an example. The customer purchased spare parts for several cars - notification number in the EIS 0138100005319000022. In the terms of reference, he indicated the models and listed which spare parts are needed, without specific characteristics. For example, to UAZ Patriot state. No. В921ВТ body 316300F1048635 required:
- generator drive belt 1 pc.;
- set of pivots with bearings 1 pc.;
- front gearbox shank oil seal 1 pc.
Attached files
- Terms of reference for the supply of a passenger car.docx
- Terms of reference for the supply of special vehicles.docx
- Terms of reference for the supply of a school bus.docx
If an organization needs to hold tenders for cars or their maintenance under 44 Federal Laws, then the responsible specialist of the customer must follow a certain algorithm. First of all, he must correctly determine . The contract manager of the contracting authority then calculates the initial maximum price of the contract and the forthcoming tender for the car. Next, you need to select the appropriate method for determining the supplier, prepare the procurement documentation and draw up a detailed one. After careful preparation, the customer directly purchases a car in accordance with Federal Law 44, repairs a car or purchases Maintenance. Let's analyze each stage in detail.
Order subject
In order to conduct the above tenders - transport, maintenance or repair - the customer needs to decide on the object of the state order. According to the current legislation in the field of regulation of the contract system, the contracting authority is not entitled to restrict competition among bidders by indicating a specific brand motor vehicle, even if the word is given.
The only exceptions are situations in which passenger transport is not the subject of a contract, but is only used in the provision of specific works or services.
The purchase of cars under 44 Federal Laws must be carried out in strict accordance with Article 33, namely clause 1, part 1, art. 33 44-FZ. Thus, the subject of the order must be objective. When describing it, one must take into account
Rationing
Any ongoing purchase of vehicles must be standardized by the customer organization (Article 19 44-FZ). If the customer is a budgetary institution, then the rationing rules for it are established by a higher body or founder.
Each car purchase in 2020 must be carried out with restrictions on the limit of the NMTsK. In accordance with the RF GD No. 927 dated 09/02/2015, when purchasing cars, you must be guided by the following requirements-restrictions:
- price - up to 2.5 million rubles;
- power limit - up to 200 horsepower.
Thus, the purchase of transport should not be carried out taking into account excessive consumer properties. By applying the provisions of 44 Federal Law on rationing, customer organizations avoid acquiring
The rationing procedure for customers operating at the federal level is regulated by RF PP No. 479 dated 05/19/2015. By means of a government decree, federal lists of a specific format are introduced, including those for passenger cars with rationing of the cost, power and composite characteristics of a car.
Choosing how to define a vendor
The purchase of a car or its maintenance must be carried out in accordance with 44 FZ, therefore, the customer can carry out a state order both by competitive methods and from a single supplier if the order value does not exceed 100,000 rubles (clause 4, part 1, article 93 44-FZ) or 400,000 rubles (clause 5, part 1, article 93).
In the event that goods and services are purchased without the ability to trade the price of a unit of production, then a request for quotations is excluded, since the participant with the lowest price offer is recognized as the winner of the RFQ (part 1 of article 72 of 44-FZ). If a participant needs to conduct an auction for the repair and maintenance of a vehicle, then he must use an electronic auction (taking into account the provisions of Part 5 of Article 68 44-FZ) or request quotations as follows:
- calculate the maximum number of services and spare parts based on the established LBO and the average market price per unit of production;
- determine the maximum amount of spare parts in the notice;
- in the draft contract, note the conditions that maintenance services will be carried out in accordance with the customer's requests and that services not specified in the notice are not provided, accepted or paid.
Procurement documentation
It is developed by the customer independently in accordance with the requirements of the current legislation. The customer must establish uniform (Article 31 44-FZ), which are exhaustive.
In order to correctly draw up procurement documentation and terms of reference, it is necessary to take into account a number of the following provisions:
- The contracting authority must provide an advantage Russian production when conducting public procurement in accordance with the provisions of Part 1 of Art. 14 44-FZ. According to, a ban is established on the admission of cars originating from foreign countries, which are purchased to meet the needs of the customer.
- When determining the object of procurement, reference to specific trademarks and names is not allowed.
- If the technical documentation allows maintenance and repair of vehicles only official dealer, then the establishment in the procurement documentation of such a condition for the execution of the contract will be lawful (Letter of the Ministry of Economic Development No. D28i-2008 of 04/07/2017).
- If services are purchased for the repair and maintenance of a car, the volume of which cannot be calculated in advance, then the customer must be guided by the conditions of clause 2 of Art. 42 and parts 5 and 17 of Art. 68 44-FZ. The notice must specify the NMCC and the total initial price and materials, as well as a list of all spare parts that may be needed in the performance of the contract. In procurement procedures, the total price is reduced, not the NMCC.
- When purchasing maintenance services, it is not allowed to indicate a specific place for the provision of services, since this condition limits competition and violates the requirements and paragraph 2 of Art. 42 44-FZ. To comply with legislative norms, it is necessary to indicate the boundaries of the territorial district or the distance in kilometers (Letter of the Ministry of Economic Development No. D28i-699 dated February 20, 2017).
Sample terms of reference for the purchase of a car
Sample contract for the purchase of a car
Acceptance of goods or services
Acceptance of the car and maintenance services is carried out in strict accordance with the terms of the contract and the technical documentation of the order, as well as the current legislation (Art. 94 44-FZ and Art. 513 of the Civil Code of the Russian Federation).
When accepting transport, the customer must carry out compliance (part 3 of article 94 44-FZ) on your own or by engaging third parties.
The goods or services for maintenance must be delivered and accepted at the time and at the address determined by the terms of the contract. The parties must sign the act of acceptance and transfer and the consignment note.
on the request for quotations
Technical task
for the supply of a car Toyota car Camry
1. Name of the subject of procurement,
initial (maximum) contract price
1.1 The subject of the procurement is the supply of a car Toyota Camry(hereinafter referred to as the Product), year of manufacture 2012, for the needs of the Federal State Unitary Enterprise "Central Research Institute of Structural Materials" Prometheus ".
2. Form, terms and procedure for payment for the Goods
2.1. Payment under the contract is carried out by bank transfer in rubles.
2.2. The Customer makes payment for the actually delivered Goods after signing the waybill by the Parties within 30 (thirty) working days on the basis of the invoice issued by the Supplier.
^
3. Place, conditions and terms of delivery
3.1. The Supplier delivers the Goods in the complete set in accordance with clause 4.1 of the Terms of Reference directly to the Customer at the address: St. Petersburg, Shpalernaya st., 49.
3.2. The term of delivery of the Goods is no later than 3 (three) business days from the date of conclusion of the contract by the Parties, its registration by the Customer in the prescribed manner.
^
4. General technical requirements for the supplied Goods.
4.1. Technical characteristics of the supplied Goods
| No. p / p | Required specifications to the Goods |
|
| 1 | ^ Release year | 2012 |
| 2 | Body | |
| body type | sedan |
|
| body color | black metallic |
|
| 3 | ^ dimensions body | |
| Length (mm) | 4825 |
|
| Width (mm) | 1825 |
|
| Height (mm) | 1480 |
|
| Wheelbase(mm) | 2775 |
|
| 4 | Salon | black leather |
| 5 | Number of seats | 5 |
| 6 | ^ Internal dimensions and volumes | |
| Interior length (mm) | 2080 |
|
| Interior width (mm) | 1525 |
|
| Interior height (mm) | 1210 |
|
| Capacity fuel tank(l) | 70 |
|
| 7 | Weight | |
| Curb weight (kg) | 1615 |
|
| Max weight(kg) | 2100 |
|
| 8 | Engine | |
| Working volume in cubic meters cm | 3456 |
|
| Fuel type | gasoline with an octane rating of 95 or higher |
|
| Number and arrangement of cylinders | 6, V-shaped |
|
| Maximum power (kW at rpm) | 183 |
|
| Maximum power (hp at rpm) | 249 |
|
| Maximum torque (N.m at rpm) | 346 |
|
| 9 | Transmission | |
| Type of | automatic |
|
| Number of gears | 6 |
|
| 10 | ^ Brake system | |
| Front brakes | disc, ventilated |
|
| Rear brakes | disc, non-ventilated |
|
| 11 | ^ Steering | |
| Minimum turning radius - on wheels (m) | 5,5 |
|
| 12 | ^ Dynamic characteristics | |
| Max speed(km/h) | 210 |
|
| Acceleration time 0-100 km/h (sec) | 7,1 |
|
^ 4.2. Vehicle equipment requirements
| No. p / p | Required equipment of the Goods |
|
| Exterior |
||
| 1 | Front fog lights | Availability |
| 2 | Rear fog lights | Availability |
| 3 | Headlight washer | Availability |
| 4 | Xenon low beam headlights | Availability |
| 5 | Automatic headlight range adjustment | Availability |
| 6 | Chrome-plated exterior door handles | Availability |
| 7 | 17" alloy wheels, 215/55 R17 tires | Availability |
| 8 | full size spare wheel on an alloy wheel | Availability |
| Interior |
||
| 9 | Multifunctional wheel with leather trim | Availability |
| 10 | Electric Power Steering (EPS) | Availability |
| 11 | Power steering column adjustment for tilt and reach | Availability |
| 12 | Seats with leather upholstery | Availability |
| 13 | 8-way electrically adjustable driver's seat | Availability |
| 14 | 4-way electrically adjustable front passenger seat | Availability |
| 15 | Driver's seat with electric lumbar adjustment | Availability |
| 16 | 2nd row electrically adjustable 2 way seats 40:20:40 split | Availability |
| 17 | Folding rear seats 60:40 | Availability |
| 18 | Heated front row seats | Availability |
| 19 | Heated second row seats | Availability |
| 20 | 3 zone climate control | Availability |
| 21 | Cruise control | Availability |
| 22 | Rain sensor | Availability |
| 23 | Light sensor | Availability |
| 24 | Power windows for all doors | Availability |
| 25 | Interior trim with wood effect inserts | Availability |
| 26 | Painted in body color side mirrors rear view with heating, electric adjustment, electric folding and turn signal repeaters | Availability |
| 27 | sunblind rear window with electric drive | Availability |
| 28 | Side sun blinds for passengers in the 2nd row of seats | Availability |
| 29 | Cabin mirror with auto-dimming | Availability |
| 30 | Soundproof windshield with green tinted UV filter | Availability |
| 31 | Backlight dashboard"Optitron" | Availability |
| 32 | Front and rear parking sensors | Availability |
| 33 | Rear view camera with dynamic markings | Availability |
| 34 | 7" color LCD display EMV on the center console | Availability |
| 35 | Navigation system Toyota AVN in Russian with a hard drive | Availability |
| 36 | JBL premium audio system with CD/MP3/WMA/DVD support 10 speakers | Availability |
| 37 | Bluetooth communication system | Availability |
| 38 | USB / AUX socket (with iPod connection) | Availability |
| 39 | Intelligent system access to the car and start the engine by pressing the Smart Entry & Push Start button | Availability |
| 40 | Audio controls, heating rear seats, climate control, adjustable rear seats for passengers in 2 rows of seats | Availability |
| Safety |
||
| 41 | Anti-lock braking system (ABS) | Availability |
| 42 | Electronic system brake force distribution (EBD) | Availability |
| 43 | Emergency Brake Assist (BAS) | Availability |
| 44 | Anti-slip system(TRC) | Availability |
| 45 | System exchange rate stability(VSC) | Availability |
| 46 | Front airbags | Availability |
| 47 | Side airbags for the first row of seats | Availability |
| 48 | air curtains | Availability |
| 49 | Active head restraints | Availability |
| 50 | Immobilizer | Availability |
| 51 | Central locking with remote control and signaling | Availability |
| Optional equipment |
||
| 52 | Security system | satellite Platinum X+ |
^
5. Quality requirements
5.1. The product must be new (without mileage), not restored, without traces of mechanical damage and corrosion, not have defects associated with the quality of its manufacture, or with the quality of the materials used in its manufacture.
5.2. The quality and completeness of the Goods must comply with the technical requirements established by the current legislation Russian Federation, to the quality of cars of this type, the technical conditions of the manufacturer and be confirmed by the certificate of "Vehicle Type Approval".
5.3. When transferring the Goods, the Supplier must provide the Customer with copies of the vehicle certificate and the certificate of the official dealer
^
6. Requirements for warranty service
6.1. The warranty period for the Goods is 3 (three) years or 100,000 kilometers, whichever comes first, provided that the Goods are used in compliance with all the rules of operation and management specified in the operating manual for the Goods, as well as the timely completion of the technical service according to the rules of the manufacturer, which must be confirmed by the appropriate marks in the service book of the Goods.
6.2. Warranty obligations for the Goods are provided by the manufacturer and are provided by the official dealer in Russia.
6.3. The warranty applies to the components of the Goods, is considered equal to the warranty period for the Goods and expires simultaneously with warranty period on the Goods.
6.4. The supplier is obliged to provide warranty service of the supplied Goods during the warranty period.
Developer:
Head of the shopping center Tolstousov A.A.