Joint bidding. On approval of the rules for holding joint tenders and auctions Determination of the organizer of joint tenders

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 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 the Rules for Conducting Joint Tenders and Auctions approved by this Resolution, which shall enter into force on January 1, 2015.

Rules
holding joint competitions and auctions
(approved by the Government of the Russian Federation of November 28, 2013 No. 1088)

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

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

3. To conduct a joint tender or auction, customers enter into an agreement between themselves on holding a joint tender or auction (hereinafter referred to as the agreement) prior to the approval of the tender documentation or auction documentation (hereinafter referred to as the documentation). The agreement contains the information specified in Part 2 of Article 25 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as 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 are 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) posts a notice of procurement in the unified information system in the field of procurement or 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.

Document overview

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 the 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.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for holding joint tenders and auctions

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 06/16/2014).
____________________________________________________________________

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 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, art. 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 Exercise 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).

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

Rules for holding joint competitions and auctions

APPROVED
Government Decree
Russian Federation
dated November 28, 2013 N 1088

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.
Decree of the Government of the Russian Federation of June 9, 2014 N 533.

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.
(Paragraph as amended, entered into force on June 24, 2014 by Decree of the Government of the Russian Federation of June 9, 2014 N 533.

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 are 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 participate 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;
(Subparagraph as amended, put into effect on June 24, 2014 by Decree of the Government of the Russian Federation of June 9, 2014 N 533.

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.



Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

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 have transferred, on the basis of an agreement, part of their powers to such authorized body, authorized institution or customer to organizing and holding a joint competition or auction. This agreement must contain:

1) information about the parties to the agreement;

(Clause 1.1 of Part 2 of Article 25 of this Federal Law shall enter into force on January 1, 2015.)

1.1) procurement identification code;

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;

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

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.

On January 1, 2014, Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works and services for state and municipal needs” (hereinafter - Law No. 44-FZ) came into force. In this regard, the Government of the Russian Federation adopted a number of resolutions that relate to the actions of customers when making purchases under the new law. (Decree of the Government of the Russian Federation of November 28, 2013 No. 1088)

Normative base

In accordance with Part 5 of Article 25 of Law No. 44-FZ, 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” (hereinafter referred to as Decree No. 1088) regulates the organization and holding of joint tenders and auctions.

In connection with the adoption of a new resolution, Decree of the Government of the Russian Federation dated 05.10.07 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” became invalid and dated 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 during joint bidding”.

Decree No. 1088 entered into force on January 1, 2014, with the exception of paragraph 4, which will come into force on January 1, 2015.

Conditions for holding joint competitions and auctions

According to paragraph 1 of Decree No. 1088, customers have the right to appoint joint tenders and auctions if two or more customers have a need for the same goods, works, services. To do this, they must conclude an agreement among themselves on holding a joint tender or auction before the approval of the tender documentation or auction documentation. The agreement must contain the information specified in Part 2 of Article 25 of Law No. 44 FZ. Namely:

1) information about the parties to the agreement;

2) information about the object of procurement and the expected volume of procurement, in respect of which a joint tender or joint auction is held;

3) the initial (maximum) price of the contract or contracts and the rationale for such a price;

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

5) data on the organizer of such a tender or auction, including a list of powers transferred to the specified organizer by the parties to the agreement;

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

7) the procedure and terms for the development and approval of procurement documentation;

8) approximate dates for holding a 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 emerging disputes;

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

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

Organization of bidding

The organizer is responsible for organizing and holding a joint competition or auction, to which other customers transfer part of their powers on the basis of an agreement.

To conduct a joint tender or auction, the organizer must 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. And also place a notice of the purchase in the unified information system in the field of procurement or send an invitation to take part in a tender or auction.

In addition to the above functions, the organizer is also responsible for developing and approving documentation prepared in accordance with Law No. 44-FZ, providing it to interested parties, providing clarification of the provisions of the documentation, amending the notice of procurement and (or) documentation.

According to subparagraph "b" of paragraph 6 of Decree No. 1088, the initial (maximum) price indicated in the notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer. At the same time, the rationale for such a price contains the rationale for the initial (maximum) contract prices of each customer.

When determining a supplier (contractor or performer), the organizer is obliged to place the information and documents provided for by Law No. 44-FZ in a single information system in the field of procurement.

After holding a joint tender or auction, he must send copies of the protocols 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 Law No. 44-FZ.

Expenses for holding a competition or auction

According to clause 7 of Decree No. 1088, 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) contract prices, for the purpose of concluding which a joint tender or auction is held. Each customer concludes a contract with the winner independently.

If a joint tender or auction is declared invalid in the cases established by Law No. 44 FZ, then 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.

EXPLANATORY NOTE

to the draft resolution of the Government of the Russian Federation

"On approval of the Orderholding joint competitions and auctions"

Draft Decree of the Government of the Russian Federation “On Approval of the Procedure for Conducting Joint Tenders and Auctions » (hereinafter - the draft resolution) was developed in accordance with paragraph 5 of Article 25 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) in pursuance of paragraph 31 of the action plan for the implementation of the Law, approved by order of the Government of the Russian Federation dated May 21, 2013 No. DM-P13-3339.

Law No. 44-FZ establishes that the Procedure for holding joint tenders and auctions is established by the Government of the Russian Federation (hereinafter referred to as the Procedure).

For the purpose of holding a joint tender or joint auction, the Procedure establishes that the same goods, works, services are understood as goods, works, services that have the same characteristics (functional, technical, quality, operational).

In addition, the Procedure establishes that an agreement concluded between customers during a joint tender or joint auction (hereinafter referred to as the agreement) is signed by all parties to the agreement.

The initial (maximum) price of the contract or contracts, which is indicated in the agreement, is determined as the sum of the initial (maximum) contract prices of each customer.

The Procedure also defines the functions of the organizer of a joint tender or joint auction, including:

development and approval of tender documentation or electronic auction documentation and making changes to it;

development of documentation for the repeated tender (if necessary);

sending the relevant protocols to each party to the agreement.

In addition, the Procedure establishes that the approval of the decision to conclude a contract with a single supplier (contractor, performer), in the event that a joint tender or joint auction is declared invalid in accordance with parts 1, 7 of Article 55, parts 1-3 of Article 71 of Law No. 44-FZ carried out by the customers themselves.

The adoption and implementation of the submitted draft resolution will not require additional costs from the federal budget.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

from "____" _____________ No. ______

On the approval of the Order

In accordance with Article 25 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" The Government of the Russian Federation p o s t a n o v l i a t:

1. Approve the attached procedure 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 during joint bidding” (Collected Legislation of the Russian Federation, 2006 , No. 44, item 4602; 2007, No. 42, item 5048);

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 Procedure for holding joint tenders and auctions, which shall enter into force on January 1, 2015.

APPROVED

Government Decree

Russian Federation

dated ____________ No. _________

ORDER

holding joint competitions and auctions

1. This Procedure defines the rules for holding joint tenders and auctions.

2. A joint tender or a joint auction may be held if two or more customers have a need for the same goods, works, services. For the purposes of holding a joint tender or joint auction, the same goods, works, services are understood to mean goods, works, services that have the same basic features characteristic of them (functional, technical, quality, and operational characteristics). When holding a joint tender or joint auction, it is allowed to include in one lot goods, works, services that are technologically and functionally related to each other.

3. In order to conduct a joint tender or joint auction, the customers shall conclude an agreement between themselves on holding a joint tender or joint auction (hereinafter referred to as the agreement) prior to the approval of the tender documentation or electronic auction documentation.

4. After signing the agreement, the customers enter into the schedule for the procurement of goods, works, services to meet state or municipal needs the relevant information about the name of the organizer of the joint tender or joint auction.

5. The agreement specifies:

1) information about the parties to the agreement - the name, location, TIN, PSRN and bank details of the customers holding a joint tender or joint auction (hereinafter referred to as the parties to the agreement);

2) information on the object of procurement and on the expected volume of procurement (quantity of goods, scope of work, services), in respect of which a joint tender or joint auction is held;

3) the initial (maximum) price of the contract or contracts, which is determined as the sum of the initial (maximum) contract prices of each customer and the rationale for such a price, containing the rationale for the initial (maximum) contract prices of each customer;

4) the rights, duties and responsibilities of the parties to the agreement in accordance with the Civil Code of the Russian Federation and the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";

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

6) the procedure and term for the formation of a commission to determine the supplier (contractor, performer) (hereinafter referred to as the commission), the rules of work of such a commission;

7) the procedure and terms for the development and approval of procurement documentation;

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

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

6. Determination of the supplier (contractor, performer) by holding a joint tender or joint auction is carried out by the organizer of a joint tender or joint auction in the manner prescribed by the legislation of the Russian Federation on the contract system in the field of procurement.

7. In order to determine the supplier (contractor, performer), the organizer of joint tenders and auctions is obliged:

1) approve the composition of the 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;

2) develop and approve, prior to the start of the procurement, tender documentation or documentation on an electronic auction for holding a joint tender or joint auction, containing the rationale for the initial (maximum) price of the contract, and, if necessary, documentation for conducting a repeat tender, in accordance with the procedure and terms set out in the agreement. In the tender documentation or documentation on an electronic auction, drawn up in accordance with the legislation of the Russian Federation on the contract system in the field of procurement, for each party to the agreement, the name of the customer, the quantity of goods, the amount of work, services, place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;

3) provide clarifications of the provisions of the tender documentation or electronic auction documentation developed and approved in the manner prescribed by the agreement;

4) if necessary, make changes to the tender documentation or electronic auction documentation prepared and approved in the manner prescribed by the agreement;

5) place in the unified information system the information provided for by the legislation of the Russian Federation on the contract system in the field of procurement in relation to determining the supplier (contractor, performer);

6) send copies of the protocols drawn up in the course of a joint tender or joint auction to each party to the agreement no later than the day following the day of signing the said protocols;

7) send draft contracts drawn up as a result of a joint tender or joint auction, after they are signed by the winner of the tender or auction, for signing by the parties to the agreement;

8) exercise other powers provided for by the agreement.

8. The parties to the agreement shall bear the costs of holding a joint tender or joint 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 joint auction is held.

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

10. If a joint tender or joint auction is declared invalid in accordance with parts 1 and 7 of Article 55, parts 1-3 of Article 71 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the decision on conclusion of a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by customers independently in accordance with paragraph 25 of part 1 of Article 93 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs".