If organizations need to carry out tenders for cars or their maintenance of 44 ФЗ, then the Customer's responsible specialist should follow a specific algorithm. First of all, it should be correctly defined. The contract manager of the Customer's organization is then calculated the initial maximum price of the contract and the upcoming tent of the car. Next, you must select the appropriate way to define the Supplier, prepare purchases and make a detailed. After careful training, the customer is directly procured by the car in accordance with 44 FZ, car repair or maintenance purchases. We will analyze every stage in detail.

Subject

In order to conduct the above tenders - transport, or repair, - the customer needs to decide on the object order. According to the current legislation in the field of contracting system, the Customer's organization is not entitled to limit competition among bid participants by specifying a specific motor vehicle, even if the word is given.

The exceptions are only situations in which passenger transport is not subject to contract, but only used when providing specific works or services.

Purchase of cars of 44 FZ should be carried out in strict accordance with Article 33, namely, paragraph. 1 part 1 of Art. 34 44-FZ. Thus, the claim must be objective. When it is described, you need to consider

Rationing

Any vehicle purchased must be normalized by the Customer Organization (Article 19 44-FZ). If the customer is a budgetary institution, the rules of rationing establishes a higher authority or founder.

Each purchase of a car in 2020 should be carried out with limitations on the limit NMCC. In accordance with PP of the Russian Federation No. 927 of 09/02/2015, when purchasing cars, it is necessary to be guided by the following restriction requirements:

• price - up to 2.5 million rubles;
• power limit - up to 200 horsepower.

Thus, the purchase of transport should not be carried out with regard to unnecessary consumer properties. Using provisions 44 ФЗ rationing, customers organizations avoid acquisitions

The order of rationing for customers operating at the federal level regulates PP of the Russian Federation No. 479 of 19.05.2015. Through a government decree, federal lists of a concretized format are introduced, including on passenger cars with the normalization of the cost, power and composite characteristics of the car.

Choosing a way to define a supplier

Purchase of a car or its service should be made in accordance with 44 ФЗ, therefore the customer can implement the state order of both competitive ways and the only supplier in the event that the cost of the order does not exceed 100,000 rubles (paragraph 4 of Part 1 of Art. 93 44-FZ) or 400,000 rubles (paragraph 5 of Part 1 of article 93).

In the event that goods and services are purchased without the possibility of trading the price of a unit of products, then the quotation request is excluded, since the participant with the smallest price proposal is recognized as the winner (part 1 of Art. 72 44-FZ). If the participant needs to carry out trading on repair and maintenance of the vehicle, then it should be used by an electronic auction (taking into account the provisions of Part 5 of Art. 68 44-FZ) or to request quotes as follows:

• calculate the maximum number of services and spare parts based on the established LBA and the average market price per unit of products;
• determine the maximum volume of spare parts in the notice;
• the contract for the contract is to note the conditions that services will be carried out in accordance with the applications of the customer and that services not defined in the notice do not have, are not accepted and not paid.

Procurement documentation

Developed by the Customer independently in accordance with the requirements of the current legislation. The customer must establish uniform (Article 31 44-FZ), which are exhaustive.

In order to correctly draw up procurement documentation and the technical task, it is necessary to take into account the number of the following provisions:

1. The Customer's organization should provide the advantage of Russian production when conducting public procurement in accordance with the provisions of Part 1 of Art. 14 44-FZ. According to, a ban on the admission of passenger cars originating from foreign countries, which are purchased to ensure the needs of the Customer.
2. When determining the procurement object, it is not allowed to send to specific trademarks and names.
3. If the technical documentation allows for the maintenance and repair of vehicles only by the official dealer, the establishment of the contract for the procurement of such a condition of the contract will be legally (a letter of the Ministry of Economic Development No. D28I-2008 dated 04/07/2017).
4. If the repair services and the car are purchased, the amount of which it is impossible to calculate in advance, the customer must be guided by the conditions of paragraph 2 of Art. 42 and parts 5 and 17 tbsp. 68 44-FZ. The notice must indicate the NMCC and the overall initial price and materials, as well as a list of all parts that may be needed in the execution of the contract. When purchasing procedures, the total price is reduced, not NMCC.
5. When purchasing services, it is not allowed to specify a particular area of \u200b\u200bservice provision, since this condition limits competition and violates the requirements and paragraph 2 of Art. 42 44-FZ. To comply with the legislation, the boundaries of the territorial district or the distance in kilometers are to indicate (a letter of the Ministry of Economic Development No. D28I-699 of 20.02.2017).

Sample car purchase

Sample car purchase contract

Reception of goods or services

The acceptance of the car and 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 (Article 94 44-FZ and Art. 513 of the Civil Code of the Russian Federation).

When accepting transport, the Customer needs to hold compliance (Part 3 of Art. 94 44-FZ) on its own either by attracting third-party organizations.

Goods or services should be delivered and accepted on time and at the address that are determined by the terms of the contract. Parties are mandatoryly signed an act of acceptance and transfer and commercial overhead.

How to purchase a car by 44-FZ, what restrictions to consider what to write in technical lady, how to justify the purchase, read in the article. Also consider purchasing spare parts.

Purchase of a car for 44-FZ in 2019

As in all procedures, during the purchase of cars in 44-ФЗ, there are limitations: specify the brand and model of the machine in the description of the procurement object. This is permitted only with the phrase "or equivalent". Please note that the following goods must be purchased by electronic auction according to the list from the order of the Russian government of 21.03.2016 No. 471-p:

• tools for motor vehicles, trailers and semi-trailers - OKPD2 code 29;
• tools Transport and equipment, OTPD2 30 (except CODES 30.1, 30.3, 30.92.2).

As for the rationale for the procurement, to make it in accordance with the Decree of the Government of the Russian Federation of 05.06.2015 No. 555. You can specify a state or regional program, and if the purchase falls under non-prosecable costs, such a wording can be included: "Functions and powers".

Restrictions

When purchasing a car by 44-FZ, consider the rationing requirements. These are the limit performance indicators 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 power of the passenger car should be no more than 200 horsepower. The maximum cost of the vehicle depends on the category of the customer:

• head or head of the federal state body - 2.5 million rubles;
• head of the Federal State Authority (in the Federal Agency), the Deputy Federal State Emergency Department (in the Federal Service or in the Federal Agency) - 2 million rubles;
• the head (or his deputy) of the structural division of the Federal State Authority - 1.5 million rubles.

National regime

Purchases of cars of 44-FZ fall under the actions of the prohibition within the framework of the national regime. The rules are established in the Decree of the Government of the Russian Federation of July 14, 2014 No. 656. The prohibition extends to the purchase of cars of foreign origin, as well as on:

• bulldozers on tracked tractors;
• tractors;
• self-propelled graders;
• excavators;
• vehicles with a spark ignition engine, with a working capacity of cylinders no more than 1500;
• vehicles with spark ignition engine, with a working capacity of cylinders more than 1500;
• transport with a piston internal combustion engine with compression ignition (diesel engine or halfdide);
• buses;
• trolley buses;
• trucks.

The essence of the restrictions are that when purchasing a car or lease 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. Confirm the country of origin can be a certificate issued by the authorized body of the EAEU member state.

the laval rule during the purchase of vehicles is to give preference to Russian goods and comply with the rules of rationing. In the documentation, establish a ban on the admission of foreign goods of mechanical engineering, and in terms of the schedule, show that apply the national mode. In technical launch, do not specify the brand of the car, otherwise limit the competition. See how to act step by step when you buy vehicles.

An example of the correct TK on the car

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

Consider a real example of describing the procurement object. The customer purchased the Datsun on-Do Access MT car or equivalent, the NMCC was 452 thousand rubles, the notice number in EIS 0134300065319000028. The following characteristics were indicated in the technical task:

• color - gray;
• engine volume, l. - not less than 1.6 l., Power, hp - not less than 87 hp;
• gearbox - mechanical transmission;
• ABS with a brake effort distribution system;
• BAS (electronic braking amplifier);
• EBD (electronic brake force distribution system);
• driver airbag;
• three-point inertial seat belts;
• heated front seats;
• electric power steering;
• steering adjustment in height;
• folding rear seats;
• front and rear mudguards;
• year of release - no earlier than 2019.

Purchase of spare parts for cars by 44-ФЗ

When purchasing automotive spare parts for 44-ФЗ, customers indicate the brand of the machine, the state number and the body number. This is permissible because the technical documentation for the machine is established a ban on the use of other spare parts. Accordingly, the participants offer only suitable spare parts.

Consider how to make a description of the procurement object, on the example. The customer purchased spare parts for several cars - the notice number in EIS 0138100005319000022. In the case of the case, he pointed out the model and listed which parts are necessary, without specific characteristics. For example, to UAZ Patriot State. No. B921W Body 316300F1048635 required:

• drive belt generator 1 pc.;
• set of pivot with bearings 1 pc.;
• front gear shank gland 1 pc.

Nested files

• Technical task for the supply of passenger car.docx
• Technical task for the supply of special cars.docx
• Technical task for the supply of a school bus.docx

Purchase of a car on 223 FZ can be carried out not only in the form of trading, because The price of the vehicle is not limited to a certain framework and can be any.

However, if this method is selected, the law establishes serious requirements. The customer who does not keep them, are waiting for serious fines.

In position of 223 FZ, there must be the following procurement information:

what they are distributed;

its sum;

which products are purchased;

plan.

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

Technical task for cars purchases

According to 223 ФЗ, the amount of goods and its characteristics should be contained in the notice of procurement, but given that this document is always published together with others, the law allows for disheaval from this rule. For example, the amount of goods and its characteristics can be spelled out in the tender documentation, namely - in the technical task. As a rule, it is in this document that contains all information about the bargaining that the participant of the competition should know.

Exemplary TK content for the purchase of a car by 223 ФЗ:

destination of transport;

terms of payment;

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

specifications: exemplary sizes, weight, engine characteristics, fuel consumed, body type, etc.;

the delivery time of the car;

year of release (no earlier ... no later than ...);

supplier requirements;

delivery conditions.

An important point and for customers, and for suppliers - the price of the car, it should include all costs for the transportation of the vehicle to the place, insurance, customization, etc. This is a necessary condition, the customer decides on the choice of the supplier on the basis of the final price that it offers.

In order not to have problems with the FAS, it is necessary to properly comprise TK for a tender.

You can not specify specific characteristics, brand or machine parameters.

For example, if in the tender documentation it is to indicate that the length of the acquired vehicle should be exactly 4.5 meters, the customer may well have problems with the FAS. Why? Because if you cannot justify the requirements, most likely, the Federal Antimonopoly Service will consider it a limitation of competition.

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

Tip:if you need a car, a length of 4 meters, in the technical task you need to clarify that it is allowed to extend from the norm within certain limits (for example, 20 cm in any direction). And if the purchases are carried out on a CU of a certain brand, indicate that its analogues are allowed.

The main requirement of 223 ФЗ to the technical launch is its validity. As the example has already been brought above, if the TK is drawn up under the parameters of a specific vehicle, the FAS may regard it as an artificial restriction of competition and can assign a penalty for such actions.

Requirements exhibited by the vendor of the vendor in the purchase of 223-FZ

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

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

The company must have no signs of bankruptcy.

The lack of existing legal proceedings on previously concluded contracts.

Lack of overdue debts in front of any budgets or extrabudgetary funds.

This is a list of formal requirements for suppliers, which do not limit the competition in any 44 ФЗ, no in 223 ФЗ.

Also, at its discretion, the customer may include other, more subjective conditions: for example, the experience of the supplier on a specific market sector or the availability of positive consumer feedback.

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TECHNICAL TASK

for the purchase of a car GazelleNext

1. Subject of purchase.

Car GazelNext.

2. Number of Procurement Procurement - 1 (one) unit.

3. Characteristics of the subject of procurement.

The car must be equipped with a 120-strong turbodiesel motor Cummins ISF with a volume of 2.8 liters and a five-speed manual transmission with the clutch of SACHS (Germany). The cargo body of the EuroFur (Eurotent) with a length of at least 5.1 m, the color of the Eurotent - blue, the eurofour height is at least 2.1 m, the width of the EuroFurbon is at least 2.0 m, the rear swing gate. In the basic design with the rear axle blocked diffractional.

Onboard		A21R32 (long base)
dimensions
Wheel base, mm		3745
Clearance, mm.
Front pitch, mm		1750
Pitch back, mm		1560
Weight
Load capacity MT / AMT, kg		at least 1270.
Engine
Model		ISF2 .8 S4129 R
engine's type		Diesel, with turbocharging and inflating air cooler
Maximum power, l. from.		120 at 3600 rpm
Maximum torque, nm		270 at rpm
Engine volume, l
Compression ratio		16,5
Cylinder diameter, mm
Piston stroke, mm
Transmission
type of drive		Rear
KPP		5-MKP
Dynamic characteristics
Maximum speed, km / h
Acceleration 0-100 km / h, with		n / D.
Type of fuel		Diesel
Volume of fuel tank, l

4. Requirements for the term and amount of quality assurance:

- The subject of purchase should be new and previously unused, year of release no earlier than 2013;

The quality and completeness of the supplied procurement subject must comply with the standards, specifications, a certificate of the manufacturer, the standard and other requirements established by the current legislation of the Russian Federation;

Warranty obligations on the supplied purchase subject must comply with the manufacturer's warranty obligations;

Repair, warranty service of the subject of procurement during the warranty period is carried out at the expense of the supplier.

5. Delivery time Procurement Products - within 30 days from the date of signing the delivery contract.

6. Terms of Supplies Procurement - Supply is carried out by the supplier forces to the location of the customer at the following address: Chuvash Republic, Cheboksary, Red Square, d. 7

7 . Form, deadlines and payment procedure - Payment is made on the fact of supplying the subject of procurement and signing an act of acceptance and transmission within five working days, according to the supply contract, since the presentation of the invoice and commodity invoice at the expense of funds from the income-generating activity by transferring funds to the Supplier's current account.

8 . M. aksimal price of the subject of purchase, rub. rubles, 00 kopecks with VAT (Eight hundred thirty thousand rubles, 00 kopecks).

When forming pricesprocurement subject An order to accommodate the order must take into account all shipping costsprocurement subject to the location of the customer,loading, unloading the subject of procurement, Insurance, payment of taxes and other mandatory payments related to the implementation of the supply contract.

Technical task for delivery

Car

1. General requirements for delivery conditions

1.1 General requirements for the conditions and order of supply of a car (goods):

Delivery requirements:delivery of the car to the city of Abakan and the transfer to its buyer is carried out by the forces and at the expense of the provider with the design of the relevant documents.

Terms of payment: Payment is made in the order of prepayment in the amount of 100% of the cost of cars;

Acceptance of products: Acceptance of goods in quality, completeness and marketable is carried out during the transfer of goods to the buyer.

1.2. List of characteristics and quantity of goods

The customer intends to acquire the following products:

Name

Car - Toyota or equivalent. Car model - Verso LCA. Quantity - 1 pc. Year of release - 2012. Composition: tires 205 / 60R16 steel wheels with caps side mirrors in body color c electrified and heating fabric salon backlight dashboard "Optitron" audio system CD / MP3 / WMA with control on the steering wheel aUX audio input and USB port steering column adjustment over the corner of tilt and departure air conditioning heated front seats central locking with remote control curtain in the luggage headlight washer anti-lock brake system ABS with EBD brake force distribution system emergency braking amplifier (Break Assist) immobilizer 7 airbags (frontal, side knee driver's safety curtains for passengers 1 and 2 rows) electric power steering active head restraints of the first row of seats fog lights anti-slip system (TRC) currency Stability System with Disconnection Function (VSC) help Assistance System (HAC) full-sized spare wheel rear view camera with marking 6.1 "Color LCD Display on the Central Console 6 speakers leather steering front and rear power windows lED rear lights Manufacturer's warranty for at least 3 years or 100,000 km. Run. At the offering of the equivalent, confirming equivalence should be presented.

2. Specifications for products

2.1. General requirements

General technical requirements for products:

Products must be new and previously used;

The supplied products according to their quality must comply with the current gtostas and the certificate of conformity.

2. Requirements for the composition of the competitive offer of the participant

set out in the procurement documentation.