Joint bidding organizer. joint bidding


Decree of the Government of the Russian Federation of November 28, 2013 N 1088
"On Approval of the Rules for Conducting Joint Tenders and Auctions"

In accordance with the Federal Law "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" The Government of the Russian Federation decides:

2. Recognize as invalid:

Decree of the Government of the Russian Federation of October 27, 2006 N 631 "On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to carry out the functions of placing orders for state or municipal customers, when conducting joint bidding" (Collected Legislation of the Russian Federation, 2006 , N 44, item 4602);

Decree of the Government of the Russian Federation of October 5, 2007 N 647 "On Amendments to the Regulations on the Interaction of State and Municipal Customers, Bodies Authorized to Perform the Functions of Placing Orders for State or Municipal Customers in Joint Bidding" (Collection of Legislation of the Russian Federation , 2007, N 42, article 5048).

Rules
holding joint competitions and auctions
(approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1088)

With changes and additions from:

3. To organize and conduct a joint tender or auction, customers, authorized bodies, authorized institutions whose respective powers are defined in accordance with Article 26 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter respectively - customers, the Federal Law), conclude an agreement between themselves on holding a joint tender or auction (hereinafter - the agreement) before the approval of the tender documentation or auction documentation (hereinafter - the documentation).

At the same time, the authorized body, authorized institution, which are entrusted with the authority only to determine suppliers (contractors, performers), may act as a party to the agreement only as the organizer of a joint tender or auction. The Agreement contains the information specified in Part 2 of Article 25 of the Federal Law.

5. The organization and conduct of a joint competition or auction shall be carried out by the organizer, to whom other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct such a competition or auction. A joint tender or auction shall be held in accordance with the procedure established by the Federal Law in respect of tenders or auctions.

6. For the purpose of holding a joint competition or auction, the organizer:

a) approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer, in the total volume of purchases, unless otherwise provided by the agreement;

b) develops and places in a unified information system in the field of procurement a notice of procurement, develops and sends an invitation to participate in closed competition or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, while the rationale for such a price contains the rationale for the initial (maximum) contract prices of each customer;

c) provide documentation to interested parties;

d) provides explanations of the provisions of the documentation;

e) if necessary, makes changes to the notice of procurement and (or) documentation;

f) carries out placement in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law when determining the supplier (contractor, performer);

g) send copies of the protocols drawn up in the course of a joint tender or auction to each party to the agreement late afternoon following the day of signing the said protocols, as well as to the authorized federal agency executive power in the cases established by the Federal Law;

h) exercise other powers assigned to it by agreement.

7. The parties to the agreement shall bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the conclusion of which a joint tender or auction is held.

9. If a joint tender or auction is declared invalid in the cases established by the Federal Law, the decision to conclude a contract with sole supplier(contractor, performer) and the approval of such a decision is carried out by customers independently in accordance with federal law.

In pursuance of the new Law on the contract system in the field of procurement of goods, works, services for state and municipal needs, a procedure has been established for holding joint tenders and auctions.

If 2 or more customers have a need for the same goods, works, services, they have the right to hold joint tenders or auctions.

To do this, customers enter into a special agreement among themselves. This must be done prior to the approval of tender or auction documentation.

After signing the agreement, the customers enter into the schedule information about the name of the organizer of the joint tender or auction.

The powers of the named organizer are spelled out. Thus, he approves the composition of the procurement commission. Provides documentation to interested parties and explains its provisions. Places in the unified information system in the field of procurement information and documents necessary for determining the supplier (contractor, performer).

The parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total price.

The contract with the winner of a joint tender or auction is concluded by each customer independently.

If a joint tender or auction is declared invalid, the decision to conclude a contract with a single supplier (contractor, performer) is made by the customers themselves.

The previous provision on holding joint auctions was declared invalid.

The Decree comes into force on January 1, 2014, with the exception of the requirement to include information about the name of the organizer in the schedule. It applies from January 1, 2015.

Decree of the Government of the Russian Federation of November 28, 2013 N 1088 "On approval of the Rules for holding joint tenders and auctions"


This Resolution shall enter into force on January 1, 2014, with the exception of paragraph 4 of the Rules for Conducting Joint Tenders and Auctions, approved by this Resolution, which shall enter into force on January 1, 2015.


1. When two or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions. The rights, obligations and responsibilities of customers in joint tenders or auctions are determined by an agreement between the parties concluded in accordance with the Civil Code of the Russian Federation and this Federal Law. The contract with the winner or winners of a joint competition or auction is concluded by each customer.

2. The organizer of a joint tender or auction shall be an authorized body, an authorized institution if they are vested with powers in accordance with Article 26 of this Federal Law, or one of the customers, if other customers transferred to such an authorized body, authorized institution or customer, on the basis of an agreement, part of their powers to organizing and holding a joint competition or auction. This agreement must contain:

1) information about the parties to the agreement;

1.1) procurement identification code;

2) information about the object of procurement and the estimated volume of procurement, in respect of which joint tenders or auctions are held, the place, conditions and terms (periods) of the supply of goods, performance of work, provision of services in relation to each customer;

3) the initial (maximum) contract prices of each customer and the rationale for such prices by the respective customer;

4) rights, duties and responsibilities of the parties to the agreement;

5) information about the organizer of a joint tender or auction, including a list of powers transferred to the said organizer by the parties to the agreement;

6) the procedure and term for the formation of a procurement commission, the rules of work of such a commission;

7) the procedure and terms for developing a notice of procurement, an invitation to take part in a joint closed tender or a closed auction, procurement documentation, as well as the procedure and terms for approving procurement documentation;

8) approximate dates for holding a joint tender or auction;

9) the procedure for paying expenses related to the organization and holding of a joint tender or auction;

10) the term of the agreement;

11) procedure for consideration of disputes;

12) other information that determines the relationship between the parties to the agreement during a joint tender or auction.

3. The organizer of a joint tender or auction approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer, in the total volume of purchases, unless otherwise provided by the agreement.

4. The parties to the agreement shall bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the conclusion of which a joint tender or auction is held.

5. The procedure for holding joint tenders and auctions is established by the Government of the Russian Federation.

The legislation on the contract system provides for the possibility of conducting joint purchases, namely joint tenders and auctions - a separate article is devoted to this in the law, and the procedure for such purchases has been approved by the Government of the Russian Federation 1 . These purchases can be carried out if two or more customers purchase the same GWS. It is believed that due to the larger volume of ongoing purchases, this design allows customers to purchase GWS at a lower (“more wholesale”) price, if they each carried out their own purchases. Please note that in 44-FZ, joint purchases are possible only in the form of a tender or auction, that is, those methods of purchase that have no restrictions on the amount. But, let's say, to conduct a joint purchase in the form of a request for quotations, where the purchase amount is limited to 500 thousand rubles. 2, 44-FZ no longer allows.

At the same time, according to the letter of the law, either an authorized body (authorized institution) can act as the organizer of a joint tender or auction, in which case the purchase will actually have all the signs of a centralized purchase, or one of the customers. And it is precisely in the latter case, when one of the customers is also the organizer of the purchase, that it can really be called joint. In this case, we will consider the rules and practice of holding joint tenders and auctions in this article.

Rules for holding joint competitions and auctions 3

First of all, all customers must conclude an agreement with the organizer of a joint tender or auction (one of the customers) - on the basis of this agreement, the organizer receives some of the powers of other customers to organize and conduct the purchase. The agreement must contain the following information:

  1. information about the parties to the agreement;
  2. procurement identification code;
  3. information about the object of procurement and the estimated volume of procurement, in respect of which joint tenders or auctions are held, the place, conditions and terms (periods) of the supply of goods, performance of work, provision of services in relation to each customer;
  4. NMTsK of each customer and justification of such prices by the respective customer;
  5. rights, duties and responsibilities of the parties to the agreement;
  6. information about the organizer of a joint tender or auction, including a list of powers delegated to the said organizer by the parties to the agreement;
  7. the procedure and terms for the formation of a procurement commission, the rules of work of such a commission;
  8. the procedure and terms for developing a notice of procurement, an invitation to take part in a joint closed tender or a closed auction, procurement documentation, as well as the procedure and terms for approving procurement documentation;
  9. approximate dates for holding a joint tender or auction;
  10. the procedure for paying expenses related to the organization and holding of a joint competition or auction;
  11. duration of the agreement;
  12. procedure for consideration of disputes;
  13. other information that determines the relationship between the parties to the agreement during a joint tender or auction.

The signing of this agreement is the basis for each of the customers (including the organizer of the tender or auction) to include in their procurement schedules information about the name of the organizer of the tender or auction in relation to a particular purchase. Recall that the form of the schedule provides for the introduction of such information (column 33) 4 .

As established in the requirements for the content of the agreement (see above), the NMCC is determined and justified by each customer independently. Also, according to the results of a joint competition or auction, a contract with the winner is concluded by each customer separately. Thus, these powers cannot be transferred to the organizer of a joint tender or auction.

In turn, the organizer of a joint tender or auction "by default" is assigned the authority to approve the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer, in the total volume of purchases, unless otherwise provided by the agreement. In addition, according to the established rules, the organizer of the competition or auction must perform the following actions:

  1. Develops and places in the EIS a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves tender or auction documentation. At the same time, the NMTsK, indicated in such notice, invitation and documentation for each lot, is determined as the sum of the NMTsK of each customer, and the rationale for such a price contains the rationale for the NMTsK of each customer.
  2. Provides documentation to interested parties.
  3. Provides explanations of the provisions of the documentation.
  4. If necessary, makes changes to the notice of procurement and (or) documentation.
  5. Places in the EIS in the field of procurement information and documents, the placement of which is provided for by 44-FZ when determining the supplier (contractor, performer) - here we mean the relevant protocols, etc.
  6. Sends copies of the protocols drawn up in the course of a joint tender or auction to each party to the agreement no later than the day following the day of signing the said protocols, as well as to the authorized federal executive body in established cases.
  7. Exercises other powers assigned to it by the agreement.

There is also a rule according to which the parties to the concluded agreement bear the costs of holding a joint tender or auction in proportion to the share of the NMTsK of each customer in the total amount of the NMTsK, in order to conclude which a joint tender or auction is held. For example, nothing forbids the organizer of a competition or auction to involve a specialized organization 5 in their organization, but in this case, all customers must bear the costs of attracting it in the indicated way.

It should be noted that the same rule also applies to a situation where the winner of a joint tender or auction can be recognized as evading the conclusion of a contract, and customers will need to somehow “share” the application security among themselves. According to the position of the Ministry of Economic Development of the Russian Federation when holding joint auctions, if the winner of the auction is recognized as evading the conclusion of the contract, his funds deposited as security for the application are transferred to the accounts indicated by the customers in proportion to the share of the NMTsK of each customer in the total amount of the NMTsK 6 .

Finally, when a joint tender or auction is declared invalid in the cases established by 44-FZ, the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently 7 .

The practice of holding joint tenders and auctions

For clarity, we will consider several cases of joint procurement under 44-FZ from practice (on the material available for review in the EIS).

In January 2017, the state state-financed organization health care of the Republic of Bashkortostan "City Hospital No. 1 of the city of Oktyabrsky" held a joint electronic auction for the purchase of a medicinal product (alteplase) 8 . In addition to this organizer of the auction, the customers were three more central district hospitals in various territories of the republic. Each of the four customers purchased from 6 to 18 vials of the indicated medicinal product, the NMCC of individual customers ranged from 165 to 495 thousand rubles, and the total NMCC - 1 million 320 thousand rubles. The conditions of purchase were the same for all customers, except for the delivery time. Three suppliers entered the auction, two of which were allowed to participate. As a result, the winner was the participant who offered the lowest contract price (1 million 141 thousand rubles), it was with him that each of the customers concluded a separate contract for the supply of the volume of medicine he needed.

Joint purchases can also be made for much smaller amounts. For example, in December 2016, the state budget institution Rostov region Center for Medical Rehabilitation No. 1 (Taganrog), as the organizer of the purchase and one of the customers, held a joint electronic auction for the purchase of services for individual dosimetric monitoring of personnel 9 . The rest of the customers were two more regional public health institutions. The NMTsK of individual customers ranged from 20 to 56 thousand rubles, and the total NMTsK - 129 thousand rubles. The terms of the purchase were the same for all customers (naturally, with the exception of the scope of the purchased service). It is noteworthy that in auction documentation the organizer of the auction did not refer to himself as a customer (the documentation refers only to customer No. 1 and No. 2), however, he indicated a separate NMTsK in relation to himself, which means that he should also officially call himself a customer. Only one participant submitted an application for participation in the auction, and three contracts were concluded with him at prices equal to those set by the NMCC. There are also very small joint purchases - for example, in October 2016, the municipal budgetary health care institution "City Polyclinic No. 5, Shakhty, Rostov Region" for its own needs, as well as for the needs of 2 more customers (city health care institutions) conducted a joint electronic an auction for the purchase of medical cotton wool with a total NMCC in the amount of only 62 thousand rubles, and the smallest NMCC of one of the customers was only 13 thousand rubles. ten . True, it should be noted that the holding of the auction in this case led to noticeable comparative savings: contracts with its winner were concluded by customers for a total amount that was two times less than the total NMTsK - 30 thousand rubles.

There can be many customers in joint purchases. For example, nine public institutions health care of the Moscow region, including the organizer of the auction - the Chekhov District Hospital No. 2 11 . The dispersion of the NMTsK of individual customers here was also very large - from 64 thousand to 1.6 million rubles, while the total NMTsK amounted to almost 4.5 million rubles.

In general, the practice of joint procurement is most often found in the healthcare industry. Although there is it in other industries. For example, in December 2016 in St. Petersburg, a joint electronic auction for the purchase of after-sales service water purification equipment was carried out by one of the city lyceums, and two more customers were another lyceum and Kindergarten 12 . Moreover, we note that this purchase provided for the participation of only small businesses and socially oriented non-profit organizations.

Please note that when carrying out joint auction the bid security is paid by the auction participant in one amount to the account of the operator electronic platform based on the total NMCC. But as for the security of the contract, here the winner of the auction provides such security to each customer separately - either through a bank guarantee or by paying Money to the accounts of customers specified in the auction documentation. And the calculation of the amount of security here already comes from the NMCC of each individual customer.

The author of the article could not find examples of joint competitions in the EIS. Apparently, those customers who practice joint purchases are not inclined to unite with each other in order to carry out purchases, where the criteria for evaluating applications are not only price (as in an auction), but also the quality characteristics of GWS. Such characteristics can be very individual for each individual customer.

1 Art. 25 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Decree of the Government of the Russian Federation of 28.11.2013 No. 1088 "On approval of the Rules for holding joint tenders and auctions" .

2 Ch. 2 Art. 72 of the Federal Law of 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

3 In accordance with Decree of the Government of the Russian Federation of November 28, 2013 No. 1088 “On Approval of the Rules for Conducting Joint Tenders and Auctions”.

4 Decree of the Government of the Russian Federation of June 5, 2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs”, Decree of the Government of the Russian Federation of 05.06.2015 No. 554 “On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of a constituent entity of the Russian Federation and municipal needs, as well as on the requirements for the form of a procurement schedule goods, works, services".

5 In accordance with Art. 40 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”.

6 See Letter of the Russian Ministry of Economic Development No. D28i-443 dated February 25, 2015, Letter No. D28i-3146 of the Russian Ministry of Economic Development dated October 30, 2015.

7 In accordance with the Order of the Ministry of Economic Development of Russia dated March 31, 2015 No. 189 “On Approval of the Procedure for Approving the Use of Closed Methods for Determining Suppliers (Contractors, Performers) and the Procedure for Approving the Conclusion of a Contract with a Single Supplier (Contractor, Performer)”.

8 www.zakupki.gov.ru - purchase No. 0301300280716001197.

9 www.zakupki.gov.ru - purchase No. 0358200019316000192

10 www.zakupki.gov.ru - purchase No. 0358300397716000026.

11 www.zakupki.gov.ru - purchase No. 0348300364716000105.

12 www.zakupki.gov.ru - purchase No. 0372200042216000038.

download Decree No. 1088

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT THE APPROVAL OF THE RULES
HOLDING JOINT COMPETITIONS AND AUCTIONS

№ 533)

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:

1. Approve the attached Rules for holding joint tenders and auctions.

2. Recognize as invalid:
Decree of the Government of the Russian Federation of October 27, 2006 No. 631 "On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to carry out the functions of placing orders for state or municipal customers, when conducting joint bidding" (Collected Legislation of the Russian Federation, 2006 , No. 44, item 4602);
Decree of the Government of the Russian Federation of October 5, 2007 No. 647 "On Amendments to the Regulations on the Interaction of State and Municipal Customers, Bodies Authorized to Perform the Functions of Placing Orders for State or Municipal Customers in Joint Bidding" (Collection of Legislation of the Russian Federation , 2007, No. 42, item 5048).

3. This Resolution shall enter into force on January 1, 2014, with the exception of paragraph 4 of the Rules for Conducting Joint Tenders and Auctions, approved by this Resolution, which shall enter into force on January 1, 2015.

Prime Minister
Russian Federation
D. MEDVEDEV

Approved
Government Decree
Russian Federation
dated November 28, 2013 No. 1088

RULES OF JOINT COMPETITIONS AND AUCTIONS

(as amended by Decree of the Government of the Russian Federation of 09.06.2014 No. 533)

1. These Rules establish the procedure for holding joint tenders and auctions.

2. When two or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions.

3. To organize and conduct a joint tender or auction, customers, authorized bodies, authorized institutions whose respective powers are defined in accordance with Article 26 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter respectively - customers, the Federal Law), conclude an agreement between themselves on holding a joint tender or auction (hereinafter - the agreement) before the approval of the tender documentation or auction documentation (hereinafter - the documentation). At the same time, the authorized body, authorized institution, which are entrusted with the authority only to determine suppliers (contractors, performers), may act as a party to the agreement only as the organizer of a joint tender or auction. The Agreement contains the information specified in Part 2 of Article 25 of the Federal Law.

4. After signing the agreement, the customers enter into the schedule information about the name of the organizer of the joint tender or auction (hereinafter referred to as the organizer).

5. The organization and conduct of a joint competition or auction shall be carried out by the organizer, to whom other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct such a competition or auction. A joint tender or auction shall be held in accordance with the procedure established by the Federal Law in respect of tenders or auctions.

6. For the purpose of holding a joint competition or auction, the organizer:
a) approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer, in the total volume of purchases, unless otherwise provided by the agreement;
b) develops and places in the unified information system in the field of procurement a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, while the rationale for such a price contains the rationale for the initial (maximum) contract prices of each customer;
c) provide documentation to interested parties;
d) provides explanations of the provisions of the documentation;
e) if necessary, makes changes to the notice of procurement and (or) documentation;
f) carries out placement in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law when determining the supplier (contractor, performer);
g) send copies of the protocols drawn up in the course of a joint tender or auction to each party to the agreement no later than the day following the day of signing the said protocols, as well as to the authorized federal executive body in the cases established by the Federal Law;
h) exercise other powers assigned to it by agreement.

7. The parties to the agreement shall bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the conclusion of which a joint tender or auction is held.

8. The contract with the winner of a joint tender or auction is concluded by each customer independently.

9. If a joint tender or auction is declared invalid in the cases established by the Federal Law, the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently in accordance with the Federal Law.

The rules for holding a joint auction, competition are established by Article 25 of the Law on the contract system, as well as Government Decree No. 1088 dated November 28, 2013. The same legal acts explain who nevertheless acts as the organizer of such a purchase. First of all, it can be one of the customer organizations. Also, according to , jointly decision Customers may assign the responsibilities of the organizer to other authorized bodies or institutions. In the multilateral agreement, the above-mentioned third-party bodies are noted only as the organizer, and their main task is to directly determine the executors of the contract. After that, all institutions need to make changes to the schedule indicating the full name of the auction organizer.

Features of joint procurement

To save budgetary funds and minimize costs, customers who purchase the same goods, works or services make purchases together in the format of a competition or auction. Required condition consists in the fact that the merging organizations conclude a bilateral or, depending on the number of participants, a multilateral agreement, which is based on the rules of FZ-44 and the Civil Code of the Russian Federation. The form of such an agreement can be downloaded at the end of the article.

Joint tenders and auctions under 44-FZ have a number of features:

  • , calculation of the quantity and volume of goods, works or services, drawing up the necessary for the tender specifications and tender documentation, the substantiation of the procurement object is carried out by each customer organization independently and until the moment of signing the multilateral agreement;
  • the costs of conducting are distributed taking into account the proportional share ratios of the NMCC of each participant in the total initial (maximum) price of the contract;
  • each participant concludes a contract independently upon the identification of the winner (or winners) of competitive procedures.

How to organize

The procedure for holding joint tenders and auctions is established by the Government and the current legislation, namely 44-FZ in terms of Article 25, as well as Decree of the Government of the Russian Federation of November 28, 2013 No. 1088, and is a sequence of specific actions.

In this way, step by step algorithm bidding by two or more customers at the same time can be presented in the form of a table.

Step 1 Conclusion by the parties-participants of an agreement on holding
Step 2 The organizer is selected
Step 3 Adjustments are made to the schedules of each of the state customers
Step 4 The organizer approves the composition of the procurement commission and the rules of its work. Membership in the commission is determined by the share of the total volume of purchases of each of the customers
Step 5 The organizing participant draws up and places a notice in the EIS
Step 6 Customer organizations independently conclude a contract with the winner based on the results of competitive procedures
Step 7 If the purchase is recognized as failed, the customers themselves decide on the further conclusion of a contract with a single supplier

Requirements for a joint procurement agreement

The agreement on holding a joint tender must contain information of the following nature (part 2 of article 25 44-FZ):

  • information about the parties involved in the contractual relationship;
  • materials characterizing the object of the tender, its quantitative and volume indicators, organizational conditions of procurement for each customer in particular;
  • NMCC of each participant with detailed calculations and justifications;
  • an indication of the rights, duties and responsibilities of each party;
  • a certificate about the organizer and about the powers granted to him in relation to the competitive procedures;
  • notification of the procurement commission, its members, terms of operation and working conditions;
  • detailed information on the notice, the timing of its formation, agreement on the possibility of participation in a closed tender or a closed auction, as well as deadlines for the development of tender or auction documentation;
  • approximate time frame;
  • distribution of costs for the conduct and the procedure for their payment;
  • the duration of this agreement;
  • regulations for resolving disputes;
  • other provisions.
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