If an organization needs to hold tenders for cars or their maintenance in accordance with Federal Law 44, then the responsible specialist of the customer must follow a certain algorithm. First of all, he must correctly determine. Then the contract manager of the contracting organization calculates the initial maximum contract price and the upcoming car tender. Next, you need to choose the appropriate method for determining the supplier, prepare procurement documentation and draw up a detailed one. After careful preparation, the customer directly purchases a car in accordance with Federal Law 44, car repairs or purchases of maintenance. Let's analyze each stage in detail.

Subject of the order

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 organization does not have the right to restrict competition among bidders by specifying a specific brand of 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 FZ must be carried out in strict accordance with Article 33, namely paragraph 1 of Part 1 of Art. 33 44-FZ. Thus, the subject of the order must be objective. When describing it, you need to take into account

Rationing

Any ongoing purchase of vehicles must be standardized by the ordering organization (Art. 19 44-FZ). If the customer is a budgetary institution, then the rules for rationing for him are established by a higher authority or founder.

Each purchase of a car in 2020 must be carried out with restrictions on the maximum NMCK. In accordance with the RF Resolution No. 927 dated 09/02/2015, when purchasing cars, you must be guided by the following restrictive requirements:

• price - up to 2.5 million rubles;
• power limitation - 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 of the Federal Law on rationing, contracting organizations avoid acquiring

The standardization procedure for customers operating at the federal level is regulated by the RF Government Regulation No. 479 dated 05.19.2015. By means of a government decree, federal lists of a specified format are introduced, including for passenger cars with rationing of the cost, power and composite characteristics of the car.

Choosing a method for determining a supplier

The purchase of a passenger car or its maintenance must be carried out in accordance with Federal Law 44, 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 of part 1 of article 93 44-FZ) or 400,000 rubles (clause 5 of part 1 of 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 ZK (part 1 of article 72 44-FZ). If a participant needs to conduct an auction for the repair and maintenance of the vehicle, then he should 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 LPO and the average market price per unit of production;
• determine the maximum amount of spare parts in the notification;
• in the draft contract, note the conditions that maintenance services will be carried out in accordance with the customer's applications and that services not specified in the notification are not provided, accepted and not paid for.

Procurement documentation

It is developed by the customer independently in accordance with the requirements of the current legislation. The customer must establish uniform (Art. 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:

1. The customer organization must provide an advantage to 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 passenger cars originating from foreign countries, which are purchased to meet the needs of the customer.
2. When defining the object of the procurement, reference to specific trademarks and names is not allowed.
3. If the technical documentation allows servicing and repairing vehicles only by an official dealer, then the establishment of such a contract execution condition in the procurement documentation will be legitimate (Letter of the Ministry of Economic Development No. D28i-2008 dated 07.04.2017).
4. If services for the repair and maintenance of a passenger car are purchased, the volume of which cannot be calculated in advance, then the customer must be guided by the conditions of paragraph 2 of Art. 42 and parts 5 and 17 of Art. 68 44-FZ. The notice must indicate the NMCC and the total starting 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 NMCK.
5. When purchasing maintenance services, it is not allowed to indicate a specific location for the provision of services, since this condition restricts 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 of 20.02.2017).

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 the transport, the customer must carry out the compliance (part 3 of article 94 44-FZ) on his own or by involving third-party organizations.

The goods or services for maintenance must be delivered and accepted at the time and at the address, which are determined by the terms of the contract. The parties must sign the acceptance certificate and the consignment note.

How to buy a car according to 44-FZ, what restrictions to take into account, what to write in the terms of reference, how to justify the purchase, read the article. We will also consider purchasing 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 object of purchase. This is only permitted 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 March 21, 2016 No. 471-r:

• motor vehicles, trailers and semi-trailers - OKPD2 code 29;
• means of transport and equipment, other - code OKPD2 30 (except codes 30.1, 30.3, 30.92.2).

As for the justification for the purchase, draw it up in accordance with the Decree of the Government of the Russian Federation of 05.06.2015 No. 555. You can specify the state or regional program, and if the purchase falls under non-program costs, you can include the following wording: "Performance of functions and powers".

Limitations

When purchasing a car under 44-FZ, take into account the rationing requirements. These are the limit indicators of the characteristics and prices of purchased goods. For cars, they are indicated in the Decree of the Government of the Russian Federation of 02.09.2015 No. 927. The engine power of a passenger car must be no more than 200 horsepower. The marginal cost of the vehicle depends on the customer category:

• head or deputy head of a federal state body - 2.5 million rubles;
• the head of the federal state body (in the federal agency), the deputy head of the federal state body (in the federal service or in the federal agency) - 2 million rubles;
• head (or his deputy) of a structural unit of a federal state body - 1.5 million rubles.

National treatment

Car purchases under 44-FZ are subject to the ban under the national regime. The rules are established in the 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 tracked tractors;
• tractors;
• self-propelled graders;
• excavators;
• vehicles with a spark ignition engine with a working volume of cylinders not exceeding 1500;
• vehicles with a spark ignition engine with a cylinder capacity exceeding 1500;
• transport 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. The country of origin can be confirmed 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 limit the competition. See how to proceed step by step when purchasing vehicles.

An example of the correct technical specification for a car

When compiling a description of the procurement object, take into account the requirements of Art. 33 of Law 44-FZ. In particular, include in the terms of reference images or photos of the product, use the indicators that are provided for by publicly available technical regulations. There is no approved form of terms of reference. Often, customers include a table in the documentation, which indicates the name of the car, characteristics, quantity and price.

Let's consider a real example of a description of a procurement object. The customer purchased a DATSUN on-Do ACCESS MT passenger car or equivalent, the NMCC amounted to 452 thousand rubles, the notification number in the EIS 0134300065319000028. The following characteristics were indicated in the terms of reference:

• color - gray;
• engine displacement, l. - not less than 1.6 liters., power, h.p. - not less than 87 hp;
• gearbox - mechanical transmission;
• ABS with brake force distribution system;
• BAS (Electronic Brake Booster);
• EBD (electronic brake force 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 mud flaps;
• year of issue - not earlier than 2019.

Purchase of spare parts for cars under 44-FZ

When purchasing car parts according to 44-FZ, customers indicate the brand of the car, license plate and body number. This is permissible, since the technical documentation for the machine prohibits the use of other spare parts. Accordingly, the participants offer only spare parts suitable for a specific vehicle.

Let's consider how to make a description of the procurement object, for example. The customer purchased spare parts for several cars - the notification number in the EIS is 0138100005319000022. In the terms of reference, he indicated the models and listed which parts are needed, without specific characteristics. For example, to the UAZ Patriot state. No. В921ВТ body 316300F1048635 required:

• alternator 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

The purchase of a car under 223 FZ can be carried out not only in the form of an auction, since the price of the vehicle is not limited to certain limits and can be anything.

However, if this method is chosen, the law imposes serious requirements. A customer who does not comply with them faces serious fines.

The regulation on 223 FZ must contain the following information about the procurement:

what they apply to;

its amount;

what products are being purchased;

plan of the event.

There is one important point, the purchase of cars directly from the manufacturer or through direct dealers occurs only through an electronic auction.

Terms of Reference for the purchase of cars

According to Federal Law 223, the quantity of goods and their characteristics must be contained in the purchase notice, but given that this document is always published together with others, the law allows deviations from this rule. For example, the quantity of goods and their characteristics can be spelled out in the tender documents, namely, in the terms of reference. As a rule, it is in this document that all the information about the subject of the bargaining that the bidder should know is contained.

The approximate content of the TK for the purchase of a car under 223 FZ:

transport destination;

terms of payment;

vehicle price and its components: insurance, taxes, customs duties, etc .;

technical conditions: approximate dimensions, weight, engine characteristics, volume of fuel consumed, body type, etc .;

delivery time of the car;

year of issue (not earlier ..., not later ...);

supplier requirements;

delivery conditions.

An important point for both customers and suppliers is the price of the car, it should include all the costs of transporting the vehicle to the place, insurance, customs clearance, etc. This is a necessary condition, the customer decides on the choice of the supplier based on the final price that he offers.

To avoid problems with the FAS, it is necessary to correctly draw up the terms of reference for the tender.

You cannot indicate specific characteristics, make or parameters of the machine.

For example, if it is specified in the tender documents 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 cannot substantiate the claim, the Federal Antimonopoly Service will most likely consider it a restriction on competition.

Thus, the main thing is not to specify the exact parameters.

Advice:if you need a car with a length of 4 meters, in the terms of reference you need to clarify that it is allowed to deviate from the norm within certain limits (for example, 20 cm in any direction). And if purchases are carried out 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 the example above has already been given, if the TK is drawn up for the parameters of a certain 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 purchase of 223-FZ

He must be an official representative (dealer or distributor) of the vehicle manufacturer.

The supplier must provide a certificate and a contract with the manufacturer, as well as similar documents.

The company must show no signs of bankruptcy.

Lack of ongoing litigation on previously concluded contracts.

No overdue debts to any budgets or extra-budgetary funds.

This is a list of formal requirements for suppliers that do not restrict competition either under Federal Law 44 or Federal Law 223.

Also, at its discretion, the customer can include other, more subjective conditions: for example, the supplier's experience in a specific market sector or the presence of positive customer reviews.

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When it comes to public procurement and unreasonable spending on various goods, first of all, one recalls poor-quality road repairs, the construction of huge mansions-locks for government agencies and the purchase of luxury cars to transport officials to and from work. Procurement legislation is changing, it is becoming tougher for both sides of this process, and such unreasonable spending by civil servants for the amusement of the public appears less and less. But this is if you look at the process from the side of the layman. And what if on the part of the customer and the supplier?

Those who are directly connected with these purchases and maneuver in this cauldron of hell between changes, fines and management "wishes". It's getting harder and harder to work. Each innovation # of the beneficiaries only complicates all the processes. So it is with the purchase of cars. The last summer amendments to the Law on the Contract System only added questions to the process itself.

OBJECT OF PURCHASE

When drawing up a technical assignment for the purchase of a vehicle, you MUST NOT indicate the trademark and brand of the desired car. Of course, it would be very convenient to prescribe in the purchase "a black Toyota Camry 2019 with a complete set is required for delivery." Earlier, some customers indicated that - the trade name of the car with a postscript "or equivalent".

For some time now, such a formulation in the preparation of the technical task contradicts the legislation. Therefore, it is necessary to specify in as much detail as possible the technical characteristics of the vehicle desired for delivery: the type of drive and body, the number of doors and seats, overall dimensions, the number of gears, body color, and so on. Also, we must not forget about additional options: airbags, ABS, the presence of audio / video systems and air conditioning, a set of interior mats, a jack, etc.

It is most logical to take these characteristics from the sites of official dealers or manufacturers of the cars that you want to buy. It is safer to write an official request to the dealer / manufacturer and draw up a technical assignment based on the answer.

We must not forget about rationing - the maximum ceiling of the price of purchased goods, works, services. When purchasing cars, you must be guided by the norms of the Government Decree No. 927 dated September 02, 2015. Depending on the level of the leader, the maximum price of the car will be set. But, for example, the requirement for the maximum amount of horsepower in a passenger car is common to all - no more than two hundred.

AUCTION DOCUMENTATION FOR THE PURCHASE OF A CAR

The purchase of cars is included in the mandatory auction list - Order of the Government of the Russian Federation No. 471-r dated March 21, 2016. Therefore, there is no question of choosing a purchasing method.

ATTENTION! In order to avoid fines and automate procurement, use our software. The program will check your purchases for errors, calculate the NMCK, help you find the required OKPD2 and KTRU, generate PZ + PG for the next year, as well as a report on the NSR and SONO 10 times faster!

When preparing the documentation, it is necessary to prescribe the requirements for restricting the admission of foreign goods on two points:

• The Law on the Contract System;
• Resolution of the Government of the Russian Federation No. 656 dated July 14, 2014.

When considering the received applications for participation, the customer considers:

• in the first part of the application - in addition to consent to the supply of goods, the country of origin and specific indicators of the supplied products must be indicated. No words "more / less" and their variations should not be included in the entry;
• in the second part of the application - the standard documents of the procurement participant (charter, TIN, etc.), as well as in some cases the ST-1 certificate and / or the examination certificate of the chamber of commerce or a certified copy of the investment contract. If the purchase falls within the requirements established in the Government Decree No. 656 and the Order of the RF CCI No. 64 dated 25.08.2014.

On July 1, 2019, the requirements for the need to use a standard contract for the purchase of cars came into force - Order of the Ministry of Industry and Trade of Russia No.998 of 03/23/2019. Provided that the car you are purchasing falls under the codes - 30.1, 30.3, 29.10, 26.51, 17.12, 31.01, 27.40, 28.25.

CAR DELIVERY UNDER 44-FZ

The final stage of work in the framework of any purchase is the delivery and acceptance of goods. It is conducted in strict accordance with the technical documentation and the terms of the contract. This does not surprise anyone today.

An obligatory part of this stage when purchasing cars will be an examination of the delivered goods. With the help of the customer or with the involvement of additional resources - these are already nuances.

In addition to the standard set of documents (acceptance and delivery certificates and consignment notes), the supplier must transfer to the customer:

• technical device passport;
• service book;
• operating instructions;
• ignition keys.

And, perhaps, something else additionally - according to the customer's technical specifications.

WARRANTY

With the latest amendments to the Law on the Contract System, the issue of providing guarantees by the supplier when selling cars remains controversial. When supplying cars, the warranty period is calculated in two indicators - the number of years of operation or kilometers of run. For example, 10,000 kilometers or 5 years, whichever comes first.

According to the new changes in the procurement legislation, when purchasing cars, it is necessary to provide for the provision by the supplier not only of guarantees for the delivered goods, but also of warranty obligations to it. In this regard, there are even more questions regarding the calculation of the warranty period.

Unfortunately, there is no clear answer to these questions in the legislation. Therefore, each customer acts according to the principle of "who knows what". But everyone agrees "if you prescribe in as much detail as possible all the nuances in the procurement documentation and the draft contract, then it will be easier when accepting the goods and their operation."

Date of publication: 07.08.2019

Please note that the site administration does not always share the opinions of the authors, and is not responsible for the accuracy of their information.

TECHNICAL TASK

for the purchase of a car
The object of the purchase is the delivery of the vehicle (hereinafter - the Goods)

The quantity of the Goods to be delivered is not subject to change, except for the cases provided for by the current legislation of the Russian Federation.

The Customer must be delivered the Goods in accordance with Appendix No. 1
to the Terms of Reference.

Requirements for the quality of the Goods - in accordance with the regulations of the country of origin.

The product must be manufactured in a licensed manufacturing facility.

Place of delivery of the Goods: salon or warehouse of the Supplier within the city of St. Petersburg. Delivery to the dealer's showroom or warehouse within St. Petersburg
and the pre-sale preparation of the vehicle is carried out by the Supplier at its own expense.

The Supplier is obliged to transfer the Goods to the Customer in the following period: 3 working days
from the moment of receipt of the advance payment by the Supplier in the amount of 100% of the contract price.

At the time of transfer to the Customer, the Goods must belong to the Seller on the basis of ownership rights, be new, not earlier than 2017 release, not be pledged
or arrested, not to be an experimental and exhibition model, not to be the subject of claims of third parties.

Simultaneously with the transfer of the Goods, the Supplier must transfer to the Customer a set of documents, including:

a) vehicle passport;

b) the act of acceptance and transfer of the car;

c) consignment note;

e) certificate of conformity for the car, issued in accordance with
with the legislation of the Russian Federation;

f) technical documentation of the manufacturer (service book, operating instructions, rules for technical and warranty maintenance).

Appendix # 1

Description of the procurement object

Specifications:

Indicator name, unit of measurement	Indicator value
Car	TOYOTA Camry
Quantity of delivered goods	1 unit
Year of issue	2017 year
Body color	Paint code - 218 (black metallic)
Interior color	black leather
Fuel consumption
Fuel type	gasoline with an octane rating of 95 and higher
Urban cycle (l / 100 km)	13,2
Extra-urban (l / 100 km)	7
Combined cycle (l / 100 km)	9,3
Engine
Working volume in cubic meters cm	3456
Valve mechanism	DOHC, 24 valve Dual VVT-i
Number and arrangement of cylinders	6, V-shaped
Bore x Stroke (mm)	94.0x83.0
Compression ratio	10,8
Maximum power (hp at rpm)	249 (6200)
Maximum power (kW at rpm)	183 (6200)
Maximum torque (N.m at rpm)	346 (4700)
Transmission
type of drive	front
A type	automatic
Number of gears	forward - 6, backward - 1
Dynamic characteristics
Maximum speed (km / h)	210
Acceleration time 0-100 km / h (sec)	7,1
Environmental performance
Exhaust Gas Standard	Euro V
Suspension
Front	independent, spring, MacPherson type, with anti-roll bar
Back	independent, spring, on trailing and transverse levers, MacPherson strut, with anti-roll bar
Brakes
Front brakes (size, mm)	disc, ventilated (∅ 296x28mm)
Rear brakes (size, mm)	disc, unventilated (∅ 281x10mm)
ABS	Anti-lock braking system
EBD	Electronic brake force distribution
BAS	Emergency brake booster
VSC	Vehicle stability system
Wheels and tires
Tire size	215/55 R17
Wheel disks	light-alloy
Steering
A type	Pinion-rack steering gear, electric power steering
Minimum Turning Radius - On Wheels (m)	5,5
Dimensions and weight
Overall length (mm)	4850
Overall width (mm)	1825
Overall height (mm)	1505
Fuel tank capacity (l)	70
Wheel base (mm)	2775
Ground clearance (mm)	160
Curb weight (kg)	1615
Maximum weight (kg)	2100
Luggage compartment volume (l)	483
Completeness
Exterior
lED low beam headlights with washer	availability
led daytime running lights	availability
led front fog lights	availability
rear fog lights	availability
door handles with chrome trim	availability
tires 215/55 R17	availability
light-alloy wheels	availability
full-size spare wheel on an alloy wheel	availability
styling package "Premium"	availability
direction indicators in the front bumper	availability
Comfort
electric power steering (EPS)	availability
leather steering wheel	availability
multifunction steering wheel	availability
electrically adjustable steering column for reach and tilt	availability
leather upholstery of the transmission control selector	availability
front and rear power windows with "Auto" function	availability
salon rear-view mirror with automatic dimming	availability
sun blinds on the rear door windows	availability
rear window sunshade, electric	availability
heated, electrically adjustable and power folding side mirrors	availability
heated windshield	availability
soundproof windshield	availability
side mirrors with turn signal repeaters	availability
three-zone climate control	availability
air ionizer Nano-e	availability
air ducts of the ventilation system to the second row of seats	availability
triple turn signal when pressed once	availability
light sensor	availability
rain sensor	availability
rear parking sensors	availability
front parking sensors	availability
rear view camera with dynamic markings	availability
washer fluid indicator	availability
blind spot monitoring system (BSM)	availability
reverse parking assist with visual warning (RCTA)	availability
seat upholstery leather	availability
interior trim with wood-like inserts	availability
driver's seat with electrically adjustable lumbar support	availability
8-way electric driver's seat	availability
memory of the driver's seat, mirrors and steering column in 2 positions	availability
electrically adjustable passenger seat in 4 directions	availability
electrically adjustable second row seats in 2 directions divided in a ratio of 40:20:40	availability
heated front and rear seats	availability
cruise control	availability
system of automatic switching of high beam to low beam	availability
intelligent system of access to the car and start of the engine by pressing the button Smart Entry & Push Start	availability
color multifunction display on the instrument panel	availability
wireless charger	availability
individual reading lamps for the first and second row of seats	availability
controls for audio system, heated rear seats, climate control, rear seat adjustment for passengers 2 rows of seats	availability
illumination in the area of \u200b\u200bthe feet of the driver and front passenger	availability
Multimedia
bluetooth communication system	availability
jBL premium audio system with CD / MP3 / WMA support	availability
10 speakers	availability
audio jack (AUX)	availability
USB connector	availability
on-board computer	availability
7 "color LCD display on the center console	availability
toyota Touch 2 multimedia system with “Flick function” scrolling menu	availability
navigation system	availability
Safety
anti-lock braking system (ABS)	availability
brake force distribution (EBD)	availability
emergency brake booster (BAS)	availability
traction control (TRC)	availability
stability control system (VSC +)	availability
function of turning off the stabilization system VSC-off	availability
Neck Injury Reduced Front Seat Design (WIL Technology)	availability
front airbags	availability
side airbags for the first and second row of seats	availability
safety shutters	availability
driver's knee airbag	availability
emergency call system "Era Glonass"	availability
Anti-theft
immobilizer	availability
central locking with remote control	availability