Instructions for filling in specific product indicators. Specific product indicators

A guide to procurement disputes:

1. Submission of applications for participation in the electronic auction is carried out only by persons registered in the unified information system and accredited on the electronic platform. At the same time, the submission of applications for participation in the procurement of certain types of goods, works, services, in respect of the participants of which the Government of the Russian Federation has established additional requirements in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law, is carried out only by the procurement participants, electronic documents (or their copies ) which are placed in accordance with Part 13 of Article 24.2 of this Federal Law by the operator of the electronic site in the register of procurement participants accredited on the electronic site.

2. An application for participation in an electronic auction consists of two parts.

3. The first part of the application for participation in the electronic auction, with the exception of the case provided for in part 3.1 of this article, must contain:

(see text in previous edition)

1) the consent of the participant of the electronic auction for the supply of goods, the performance of work or the provision of services under the conditions stipulated by the documentation on the electronic auction and not subject to change based on the results of the electronic auction (such consent is given using the software and hardware of the electronic platform);

2) when purchasing goods, including those supplied to the customer when performing the purchased works, rendering the purchased services:

(see text in previous edition)

A) the name of the country of origin of the goods;

(see text in previous edition)

B) specific indicators of the goods corresponding to the values \u200b\u200bestablished in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph is included in the application for participation in the electronic auction if there is no indication of the trademark in the documentation on the electronic auction or if the procurement participant offers a product that is marked with a trademark different from the trademark specified in the documentation on electronic auction.

(see text in previous edition)

3.1. The first part of the application for participation in the electronic auction, if the project documentation is included in the procurement documentation in accordance with Clause 8 of Part 1 of Article 33 of this Federal Law, must contain only the consent of the procurement participant to perform work under the conditions stipulated by the documentation on the electronic auction (such consent is given using the software and hardware of the electronic platform).

4. The first part of the application for participation in the electronic auction, provided for in part 3 of this article, may contain a sketch, drawing, drawing, photograph, other image of the goods for the supply of which a contract is concluded.

5. The second part of the application for participation in the electronic auction must contain the following documents and information:

1) name, company name (if any), location (for a legal entity), mailing address of a participant in such an auction, last name, first name, patronymic (if any), passport data, place of residence (for an individual), contact phone number, taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of a taxpayer identification number of a participant in such an auction (for a foreign entity), taxpayer identification number (if any) of founders, members of a collegial executive body, a person acting as the sole executive body of a participant in such auction;

(see text in previous edition)

2) documents confirming the compliance of the participant of such an auction with the requirements established by Clause 1 of Part 1 of Article 31 of this Federal Law, or copies of these documents, as well as a declaration of compliance of the participant of such an auction with the requirements established by Clauses 3 - 9 of Part 1 of Article 31 of this Federal Law ( the specified declaration is provided using the software and hardware of the electronic platform);

(see text in previous edition)

3) copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that, in accordance with the legislation of the Russian Federation, requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction. At the same time, it is not allowed to require the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;

(see text in previous edition)

4) a decision to approve or to conclude a major transaction or a copy of this decision if the requirement for the presence of this decision to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such an auction, a contract to be concluded or the provision of security for an application for participation in such an auction, security for the execution of a contract is a major transaction;

5) documents confirming the right of an electronic auction participant to receive benefits in accordance with and this Federal Law (if the electronic auction participant has declared the receipt of these benefits), or copies of such documents;

(see text in previous edition)

6) documents provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law, in the case of the purchase of goods, works, services that are subject to the specified regulatory legal acts, or copies of such documents. In the absence in the application for participation in the electronic auction of the documents provided for in this paragraph, or copies of such documents, this application is equated to an application that contains a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed, provided by foreign persons;

(see text in previous edition)

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for in Part 3 of Article 30 of this Federal Law (this declaration is provided using the software and hardware of the electronic platform).

(see text in previous edition)

(see text in previous edition)

6.1. If the information contained in the documents submitted by the electronic auction participant in accordance with parts 3, 8.2 of this article is established, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its holding.

(see text in previous edition)

7. A participant of an electronic auction has the right to submit an application for participation in such an auction at any time from the moment of placing a notice of its holding until the date and time of the end of the period for filing applications for participation in such an auction provided for in the documentation for such an auction.

8. An application for participation in an electronic auction, with the exception of the case provided for in part 8.1 of this article, is sent by a participant of such an auction to an operator of an electronic site in the form of two electronic documents containing parts of the application provided for in parts 3

(see text in previous edition)

8.1. An application for participation in an electronic auction, the description of the procurement object of which, in accordance with Clause 8 of Part 1 of Article 33 of this Federal Law, includes project documentation, is sent by the participant of such an auction to the operator of an electronic site in the form of two electronic documents containing parts of the application provided for in Parts 3.1 and this articles. These electronic documents are submitted simultaneously.

8.2. Electronic documents (their copies) confirming the compliance of the electronic auction participant with the additional requirements established in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law shall not be included by the participant of such an auction in the second part of the application. Such documents (their copies) are sent to the customer by the operator of the electronic site using the software and hardware of such a site in accordance with Part 19 of Article 68 of this Federal Law simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) placed in accordance with with part 13 of Article 24.2 of this Federal Law in the register of procurement participants accredited on the electronic platform.

9. Within one hour from the date of receipt of the application for participation in the electronic auction, the operator of the electronic site is obliged to assign it an identification number and confirm in the form of an electronic document sent to the participant of such an auction who submitted the application, its receipt with an indication of the identification number assigned to it.

(see text in previous edition)

10. An electronic auction participant has the right to submit only one application for participation in such an auction.

(see text in previous edition)

11. Within one hour from the date of receipt of the application for participation in the electronic auction, the operator of the electronic site returns this application to the participant who submitted it to such an auction in the event of:

(see text in previous edition)

2) submission by one participant of such an auction of two or more applications for participation in it, provided that the applications submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant;

3) receipt of this application after the date or time of the end of the period for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions

Legislation is constantly changing and you cannot be 100% sure that you did everything right when making a purchase. In this article, we have collected the most common customer mistakes that are encountered in practice and that you need to learn to avoid.

Most often, mistakes are made during the formation of procurement documentation, in particular, when describing the procurement object. The outcome of the purchase depends on how correctly the procurement documentation is drawn up. Let's dwell on the most common mistakes customers make at the stage of generating documentation.

1. Excessive requirements in the description of the procurement object

Sometimes customers include unnecessary requirements in the procurement documentation. For example, they indicate characteristics that can only be verified in laboratory conditions - "crystallization onset temperature", "viscosity index", "density", "sulfur content in%".

In order to test the product, the procurement participant must first make or buy it. At the same time, Law No. 44-FZ does not oblige the applicant for the contract to have the goods in stock at the time of the auction.

Therefore, the requirements for the chemical composition, components of the product, the technology of its production, and the indicators, the values \u200b\u200bof which can be determined from the test results, should not be included in the terms of reference (as a rule, an indication that this indicator is determined by testing is available in GOST).

The corresponding clarifications are in the letter of the FAS Russia dated 01.07.2016 No.IA / 44536/16. The position of the FAS Russia is supported by the decision of the Supreme Court of the Russian Federation dated 09.02.2017 No. AKPI16-1287.

Example: Decision of the FAS Russia of 06/08/2018 in case No. 18/44/105/640 (procurement number in EIS 0315100000318000106)

2. Lack of proper instructions for completing the application

Law No. 44-FZ establishes the requirement for the presence in the procurement documentation of instructions for completing the application. In this case, there are no requirements directly to the content of the instructions.

In this regard, some customers neglect the development of this section and limit themselves to the formal presence of instructions in the text of the documentation.

On this score, the position of the FAS Russia has already taken shape, which considers the inappropriate instruction to be a violation of Law No. 44-FZ.

The instructions must be clear and consistent. So, the instruction should contain, among other things, an indication of the sections of the documentation, which contain indicators in relation to which participants submit their proposals, the procedure for filling them out.

Requirements for instructions for completing the application are set out by the FAS Russia in a letter dated 01.07.2016 No. IA / 44536/16.

Example: Decision of the FAS Russia of 13.09.2016 in case No. K-1462/16 (procurement number in the EIS 0158200002016000011)

3. Drawing up documentation that creates benefits for individual suppliers

This violation manifests itself in two main forms:

• the establishment in the terms of reference of the requirements for the delivery of goods with certain characteristics, which the goods of the "necessary" suppliers meet (these may be requirements for weight, packaging, dimensions, completeness);
• the use of evaluation criteria in the documentation that unreasonably create advantages for certain suppliers (successful experience of deliveries in the territory of one settlement, the availability of equipment and material resources on the right of ownership).

Such requirements indicate the restriction of competition and the unjustified creation of advantages for individual procurement participants, which may serve as a basis for considering the customer's actions for compliance not only with Law No. 44-FZ, but also with the requirements of antimonopoly legislation (Article 17 of Law No. 135-FZ).

Example: The decision of the Tyumen OFAS Russia dated 05/18/2018 in case No. FKS18 / 156 (purchase number in the EIS 0167200003418002162).

4. Requirement for the delivery of goods from a certain manufacturer without accompanying the word "or equivalent" and the absence of equivalence parameters

Sometimes, in the procurement documentation, customers indicate the name of the manufacturer, country of origin and the brand name of the product without the words “or equivalent”.

This is permissible only in cases where the customer justifies the need to ensure the interaction of the purchased goods with the goods that are already used by him.

In other cases, an indication of a trademark of a product without the accompanying words "or equivalent" is a direct violation of Law No. 44-FZ.

Also, the customer is obliged to set the parameters of equivalence - the maximum and minimum values \u200b\u200bof the indicators, as well as which indicators cannot be changed. By failing to set the equivalence parameters, the customer violates Law No. 44-FZ.

Important! If it is not written on what parameters to determine equivalence, then any product can be considered an equivalent.

Example: Decision of the FAS Russia of 13.12.2017 No. KGOZ-424/17 (procurement number in the EIS 0548100000217000022).

5. Non-copyable documentation

The problem is that customers place documentation in the "* .pdf" format, pictures, files with the "* .exe" extension and in other formats that do not allow the procurement participant to search and copy the terms of reference.

The impossibility of copying the text forces the procurement participants to retype the text on their own, which leads to typos in the application and entails the risks of not filling out the application in due time.

The position of the FAS Russia is that documentation in a non-copyable / non-editable format violates Law No. 44-FZ, restricts competition, indicates that the procurement is “sharpened” for the “desired” supplier.

On this occasion, there are letters from the FAS Russia dated November 16, 2016 No. IA / 79173/16 and the Ministry of Economy of Russia No. D28i-1299 dated May 23, 2016, and No. D28i-1121 dated February 22, 2017.

Example: Decision of the FAS Russia of 08/02/2017 in case No. K-986/17 (procurement number in EIS 0158100017017000043).

6. Placement of design and estimate documentation is not in full

Failure to post design estimates in full is a violation. Customers sometimes motivate unwillingness to place all design and estimate documentation by the desire not to confuse the procurement participants or by the lack of need for this, since only part of the work is performed within the framework of the estimate.

However, the placement of not all design and estimate documentation limits the possibility of preparing an application for participation in an electronic auction and entails a limitation on the number of procurement participants.

This position is adhered to by specialists from the FAS Russia (letter No. АЦ / 14427/16 dated 09.032016), the Ministry of Economic Development of Russia (letter dated 20.04.2017 No. D28i-1623). A similar position is contained in the Review of the Presidium of the Supreme Court of Russia dated 06/28/2017.

Example: Decision of the FAS Russia dated May 10, 2017 No. 432 (procurement number in the EIS 0119200000117001503).

Another number of common mistakes is associated with unjustified rejection of applications from participants. Here you can focus on the following errors:

7. Rejection of the participant's application due to the absence of a trademark indication

Rejection of the application due to the absence of an indication of the trademark is unlawful. Even if the customer believes that the product cannot but have a trademark (for example, when purchasing computer equipment), he has no right to demand from the procurement participant his indication.

Only the country of origin is mandatory for the indication (when the customer applies the national regime).

The brand or trade name of the goods should be indicated by the procurement participant only if available.

If the procurement participant has correctly drawn up the first part of the application, the rejection of such an application on the basis that the participant has not indicated a trademark violates the provisions of Law No. 44-FZ.

Example: The decision of the St. Petersburg OFAS Russia of 06/22/2018 in case No. 44-3106 / 18 (procurement number in the EIS 0372200152418000003)

8. Rejection of the participant's application when there is agreement to supply the goods, but its characteristics are not indicated

The application is rejected by the commission of the customer if it contains consent, but there are no specific indicators of the goods in it.

However, if the customer indicated in the documentation the trademark, company name, country of origin of the goods, then the participant in the first part of the application only needs to provide consent to the delivery of the goods.

Specification of specific indicators of the product is necessary if the participant offers for delivery a product that is equivalent to the product specified in this documentation, or the customer has not established requirements for the performance of the product and its trademark.

Letters of the Ministry of Economy of Russia dated March 17, 2016 No. D28i-666 and No. OG-D28-16596 dated December 30, 2015.

Example:Decision of the FAS Russia dated 06.02.2018 No. PGOZ-001/18 (procurement number in the EIS 0373100056017000620)

9. Deviation for the presence in the RNP according to 223-FZ

Customers, not wanting to work with unreliable suppliers, establish in the procurement documentation the requirement that there is no information about the procurement participant in the Register of Unscrupulous Suppliers.

The EIS contains 2 registers - according to Law No. 223-FZ and Law No. 44-FZ. Despite the similar purpose and common location, these are two different registries. And by virtue of a direct instruction in Law No. 44-FZ, customers are not entitled to establish requirements for procurement participants about the absence of information in the Register under Law No. 223-FZ and to reject a procurement participant on this basis.

Example:The decision of the Ryazan OFAS Russia dated 05/18/2017 in case No. 220-03-3 / 2017 (procurement number in the EIS 0859300019617000450)

10. Changes in delivery volumes and terms of contract execution

Customers sometimes use the right to increase the volume of the supplied goods. Errors arise here regarding how much the given delivery quantities can be increased. An increase in delivery volumes is possible at the stage of concluding and executing a contract.

An increase in delivery volumes at the stage of concluding a contract is permissible if there is an appropriate condition in the procurement documentation.

Important! Achievement of an increase in the contract price is carried out only at the expense of the volume of delivery. The price of the goods per unit must remain unchanged, and the entire rise in the price of the contract must not exceed its NMCK.

As for the rise in the cost of the contract within the framework of its execution, it is also achieved exclusively by increasing the volume of supplies, but by no more than 10%. A condition of an additional agreement that increases the contract price by more than 10% is void.

At the same time, even if the volume of delivery has increased, the delivery time of the goods and the terms of payment for the goods cannot be changed.

The position on this issue is contained in the letter of the Ministry of Finance dated 26.10.2017 No. 24-03-08 / 70438.

Example:Decision of the Bryansk OFAS Russia of 06/07/2018 in case No. 124 (procurement number in EIS 0527600006718000017).

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The supplier is obliged to indicate in the first part of the auction application the exact characteristics of the goods offered for delivery. In this article, we will reveal the meaning of this concept and find out what pitfalls it hides.

The auction documentation must contain an objective description of the purchased products (part 1 of Art. 33 44-FZ). This includes quality values, technical, functional and performance properties, as well as trademarks, etc. If we are not talking about the purchase of compatible or replacement products, then each item must be accompanied by the words "or equivalent". In this case, the customer specifies the boundaries of equivalence in the form of various options or ranges of values.

The nomenclature of quality indicators for specific products is established by state standards (GOST).

If the participant is not ready to offer products with the same trademark that the customer installed, then in the first part of the application he needs to prescribe the exact signs of the equivalent, relying on the requirements of the auction documentation and regulatory documents (GOST, technical passport, manufacturer's official website, etc.) ). This is the meaning of the concept under consideration.

Instructions for filling out specific indicators

The documentation on the electronic auction must contain instructions on how to draw up an application (clause 2, part 1, article 64 44-FZ), including describing the exact characteristics of the product.

Documents confirming the quality of goods in accordance with 44-FZ, 223-FZ

Here the customer can offer to arrange information in the form of a table.

In the statement, equivalence values \u200b\u200bare often divided into several types:

• with maximum and minimum values;
• with options for values;
• immutable;
• with a range of values.

Also, the instructions often contain a prohibition on the use of certain words.

It is very important to study the instructions in detail, as customers may interpret the meaning of specific values \u200b\u200bin different ways.

Errors in filling out specific indicators

Due to the ambiguity of some properties of the goods, disputes often arise between the customer and the participant. In case of disagreement with the result of consideration of the first parts of the applications, the supplier may complain to the FAS about unlawful rejection. If the answer of the antimonopoly body does not suit one of the parties, there is an opportunity to appeal it to the Arbitration Court.

If we turn to the practice of the Federal Antimonopoly Service under Federal Law 44, specific indicators often cause disagreements, and the final decision depends on the specific case. So, for example, in some applications, specifying a property of a product in a range of values \u200b\u200bwill be a specific property if it can be proven that this is required by the specificity of the product. Here, sources such as GOST, the manufacturer's official website or technical regulations will also contain a range. Denial of admission in this case will be illegal.

In other cases, it is necessary to indicate the exact signs, even if there is a variation in the regulatory documentation.

If the information provided contradicts the instructions, they are considered inaccurate, which means that the application may be rejected on the basis of Part 4 of Art. 67 44-FZ.

Specific indicators of the goods: sample filling

Let's cite as an example of specific indicators of the product 44 FZ sample. As can be seen from the table, from the ranges and options proposed in the documentation, one value was selected within the established framework, and words that could be inaccurately interpreted (“should”, “should be”) were also removed.

The article will help to figure out in which cases the customer has the right to reject the application and how to prevent unjustified rejection of the application under 44-FZ, which is fraught with a monetary fine and a complaint to the FAS.

An electronic auction not only implies a reduction in the initial contract price by suppliers during the course of tenders, but also requires a qualified approach when checking applications for compliance with legal requirements. The goods, works and services offered by the supplier must meet the requirements of the customer, and the participant himself must have the necessary qualifications and experience. In this regard, the issue of the rules by which participants are admitted to electronic auctions and which affect the level of competition and the number of procedures held is relevant.

Deviation for the first parts of applications, 44-FZ

The grounds for refusal are listed in Art.

4 tbsp. 67 44-FZ:

• failure to provide information, which is provided for by Part 3 of Art. 66, or providing false information;
• inconsistency of the information (part 3 of article 66) with the requirements of the documentation.

Refusal of admission to participate in the electronic auction (that is, rejection of the application) for other reasons is not allowed.

Part 3 of Art. 66 contains information that the participant must provide as part of the first parts, depending on the type of contract.

1. Delivery of goods.

If the documentation contains an indication of a trademark, service mark, trade name, patents, utility models, industrial designs, designation of the country of origin of the goods, the supplier must confirm consent to the supply of goods from the manufacturer proposed by the customer or specific indicators that will show the equivalence of goods from another manufacturer. Otherwise, the application may be rejected.

If the documentation does not contain an indication of the desired manufacturer or other similar individual characteristics of the product, the supplier must indicate all three components (otherwise deviation is possible):

• specific indicators that correspond to the values \u200b\u200bestablished by the documentation;
• indication of unique features (if any);
• name of the country of origin of the goods.

2. Performing work or rendering a service.

In this case, explicit consent to the terms and conditions that are set in the documentation is required.

3. The performance of work or the provision of a service for which the product is used.

If the documentation contains an indication of a trademark, service mark, trade name, patents, utility models, industrial designs, name of the country of origin, the supplier is required to agree to perform work and services and to use a specific product offered by the customer or consent to perform works, services and specific indicators that will show the equivalence to the specified requirements, an indication of the means of individualization (if any), the name of the country of origin.
If no such conditions are established, the applicant indicates information on the first three points (without exceptions):

• consent to the performance of works, services;
• specific indicators corresponding to the values \u200b\u200bestablished by the documentation;
• name of the country of origin of the goods;
• an indication of the means of individualization (if any).

If the participant does not fulfill this condition, his proposal will be rejected.

Deviation for the second parts of applications, 44-FZ

Certification information

6 tbsp. 69 establishes the reasons for the rejection in the second parts:

• failure to submit documents and information in accordance with clauses 1, 3-5, 7 and 8 h. 2 of Art. 62, parts 3 and 5 of Art. 66 (see article “Tender documents”);
• non-compliance with the conditions established by the documentation;
• inaccurate information;
• non-compliance of the auction participant with the requirements established in accordance with parts 1, 1.1, 2 and 2.1 (if any) of Art. 31 44-FZ.

Suspension

At any time before the conclusion of the contract, the customer must remove the participant from the supplier identification procedure in the following cases:

1. The procurement participant does not comply with the general requirements set out in parts 1, 1.1, 2 and 2.1 (for example, does not have valid licenses, certificates, liquidation is underway, there is a decision of the arbitration court to declare the organization bankrupt, the participant does not meet the additional requirements for the presence of a corresponding work experience, etc.).
2. The participant provided false information that he meets the specified conditions. For example, the provided compliance license turned out to be a fake (part 9 of article 31).
3. When purchasing vital and essential medicines, the maximum price is not registered or the offered price exceeds their maximum selling price under the conditions specified in clause 2 of part 10 of Art. 31.
4. The unreliability of the information contained in the documents specified in parts 3 and 5 of Art. 66 (first and second parts) in accordance with Part 6.1 of Art. 66. For example, the characteristics contained in the first part are unreliable in accordance with GOST specified in the terms of reference.

Responsibility of the members of the commission

It should be borne in mind that not only unreasonable refusal to admit to participation in the auction entails the imposition of administrative responsibility in accordance with paragraph 2 of Art. 7.30 of the Administrative Code of the Russian Federation, but also the unjustified admission of the application, if it should be rejected, entails the imposition of an administrative fine on officials in the amount of 1% of the initial (maximum) contract price, but not less than 5,000 rubles and not more than 30,000 rubles. The reason for the proceedings of the regulatory authorities can be both a complaint to the FAS about the rejection of the application, and an unscheduled check.

Let us consider in what cases the legislation allows you to specify a specific trademark in the documentation and what you need to remember when forming requirements for products.

What is a trademark under 44 FZ

In accordance with Article 1476 of the Civil Code of the Russian Federation, a trademark (TZn) is a designation that serves to individualize goods.

Law 44 FZ lists other means of individualization, the indication of which in the documentation is strictly limited:

The limitation applies both to the verbal designation and the image (drawing, diagram, etc.).

How to check if it is a trademark

At the stage of drawing up the technical task and evaluating the proposals of the participants, the customer may need to establish whether a particular brand is registered.

To do this, you can use several options:

1. Open register on the Rospatent website. However, the search for this service is not very convenient.
2. Industrial Property Institute database. The service is paid, the term for obtaining information is 1 month.
3. Information sites where you can search for data by name, image, number of the mark.

It should be noted that the indication by the customer of the unregistered TK in the documents can also be regarded by the controllers as a sign of restricting competition.

A participant's indication of a non-existent product brand in the application may be grounds for rejection.

How to register in the documentation for 44 FZ

In accordance with Part 1 of Art. 33 of Law No. 44-FZ, the state customer has the right to indicate the TZn in the procurement requirements in the following cases:

1. With the words "or equivalent". In this case, the documentation must necessarily contain the criteria for establishing the equivalence of products. For example, it is necessary to indicate a range or specific values \u200b\u200bby weight, size, other technical characteristics, compliance with which will be considered by the customer as confirmation of equivalence. The participant will either have to indicate the TZn in the application, or provide the brand of his product and its indicators that meet the requirements for equivalence.
2. Provided that the products of other brands are incompatible with the one used by the state customer. He should justify the need to use a specific brand and the incompatibility of goods of other brands with the existing ones. The reference to the TZn according to 44-FZ means the supply of only the specified brand of goods without the words "or equivalent".
3. When purchasing spare parts and consumables for machinery and equipment. In this case, the customer must have the manufacturer's technical documentation, which states that spare parts should only be used from a specific manufacturer, or that the use of other brands may entail adverse consequences. In this case, delivery of equivalent products is not provided.

The reference to a trademark in the auction documentation without the words "or equivalent" means that the participants in the first parts of the applications will have to agree to the supply of this brand of goods.

If the customer violates the specified restrictions, the norms of h.

How to correctly indicate specific indicators of the product

4.1 Art. 7.30 of the Administrative Code with the imposition of a fine of up to 50,000 rubles.

Requirements for products under the law No. 223-FZ

The Law on Procurement by Certain Types of Legal Entities does not contain the rules for specifying TZn in the project documentation. The customer prescribes this question independently in the Procurement Regulations. Most of the Regulations impose restrictions on the use of means of individualization of the product in the same way as in 44 FZ.

But even if the Regulation does not establish such a restriction, the presence of brands in the terms of reference by the regulatory authorities can be recognized as a restriction of competition.

The consumer needs to prepare a justification for the need to purchase a specific brand (for example, incompatibility with existing equipment).

Specific indicators are information about a product that a procurement participant is going to supply or use in work. If they are filled in incorrectly, then the application will not be considered and will not be admitted to the auction.

General Provisions

In the procurement documentation, or rather, in the terms of reference, the state customer from different sides. It indicates the quality, technical, functional and performance properties. As a rule, this is the second part of the documentation. To explain to potential suppliers what he needs, the state customer can indicate:

• trademark;
• service mark;
• company name;
• patent;
• utility model;
• industrial designs;
• name of the country of origin of the product.

But by such actions, he will limit competition. Therefore, each mention must be accompanied by the phrase "or equivalent". This means that you can deliver the product that the customer wants, or similar. An exception was made for the procurement of compatible goods and spare parts. In such cases, a specific brand may be required.

How to fill

These specific indicators are necessarily present in purchases for the supply of products or the provision of services or works in which the goods are used. They are registered as maximum, minimum and range values. The participant provides specific properties that will be supplied or used in the works. In the process of filling out, the nomenclature of quality indicators of specific products will help, it is established in technical documents - GOST, technical passport, manufacturer's resources, etc. In the procurement documents, in which specific indicators must be provided, the customer lays out instructions for drawing up (clause 2 h. 1 article 64 44-FZ). It has an algorithm for filling in the exact characteristics of the product. The customer offers to fill in the table. This form is recommended. The participant himself decides in what form he will transfer data on specific product indicators to the customer.

It is impossible not to admit to the auction due to the fact that the participant's form does not correspond to the one developed by the customer. In the instructions, all parameters are divided into the following:

• with maximum and minimum values;
• with options for values;
• immutable;
• with a range of values.

The customer explains how to fill in each parameter. This is how it looks in practice.

In the instructions, customers prohibit the use of words that reflect the non-specific nature of the proposal. These words can be: "should", "approximately", "allowed", etc.

Analyze the instructions, different customers interpret the meaning of specific values \u200b\u200bdifferently.

Where to find

You will find a sample of filling out specific indicators of the goods in the register of contracts. The bids that win the tender become part of the contract and are published in the EIS.

Here is a sample of specific indicators of product 44 FZ. From the ranges and options proposed in the documentation, the participant chose a value within the boundaries specified by the customer, and removed words that allow an ambiguous meaning.

Disputes about specific indicators in FAS practice

FAS considers disputes on filling out specific indicators more often than others. There is no uniform practice, the final decision is influenced by the conditions of a particular purchase. As an example, there are applications in which the properties of the goods are indicated in the form of a range, since it is a specific property of the product. In this case, it is necessary to prove that this is required by the specificity of the product. To do this, you can use GOST, technical regulations, where the range is indicated, and the indication of a specific indicator is illogical. For example, such a parameter as operating temperature. Cannot be used at a specific temperature, for example at +20. She is constantly changing. Therefore, in the application, you can specify the range: from -20 to +40 degrees. The customer cannot refuse admission. In other situations, it is necessary to prescribe accurate data, even if there are ranges in the regulatory documentation. If the information that you provided does not correspond to the instructions, they will be considered inaccurate and the application will be rejected under Part 4 of Art. 67 44-FZ. Also, the application will not be admitted to the auction if they did not provide information, provided data that does not correspond to the terms of reference or contradict each other. The practice of the Federal Antimonopoly Service for specific indicators of Federal Law 44 arises from the ambiguity of the properties of the goods. If you do not agree with the results of consideration of the first parts of the applications, contact the FAS for an unjustified rejection. You can appeal the decision of the Antimonopoly Service in the Arbitration Court. Moreover, both the customer and the supplier have this right.

Suppliers have many questions when preparing applications for construction, road repairs, the supply of medical equipment and products. These are the most profitable and difficult purchases due to the large number of GOSTs, SNiPs, standards and regulations. Also, in large purchases, customers often try to limit competition. What to do to get your application accepted?

Study the terms of reference and instructions for filling out the application

A separate block in the documentation is devoted to the requirements for the quality and characteristics of goods and services. This is the terms of reference for the purchase - the main component in the preparation of the application.

If you read these documents inattentively, you may not notice parts of the requirements or misinterpret them. In the first case, this will lead to the rejection of the application, and in the second - to the risk of fulfilling the contract at a loss or not fulfilling its obligations and getting into the Register of unscrupulous suppliers.

Together with the terms of reference, customers for 44-F are obliged to publish instructions for it, where they indicate:

• GOSTs and other normative and technical documents for goods. If GOST numbers are not indicated in the purchase, suppliers can indicate any parameters in the ranges specified in the terms of reference.
• Range values. Product parameters can be specific (pipe diameter 200 mm) or range (pipe diameter from 200 mm to 240 mm). The customer must indicate what parameters the suppliers indicate in the application. It also indicates the parameters for which the range value is specific. For example, asphalt must have certain characteristics at temperatures from + 30C to - 30C.
• Rules for reading punctuation marks, prepositions and conjunctions. The customer can change the generally accepted rules for reading punctuation marks. For example, the wording "tile color" gray "and" white "would mean that the supplier needs to choose one of the two suggested colors. This is often used to limit competition. Be careful.

There are confusing terms of reference and confusing instructions. For example, in the electronic auction for the modernization of production facilities in Moscow, suppliers in the documentation were asked to choose the class of reinforcing steel - AI \\ AIII. According to the customer's instructions, the "\\" symbol means that you need to select both class AI and class AIII. Further, there was a specification of the brand: 35GS; 25G2S; 32G2Rps; St3kp; St3ps; St3sp. According to the instructions, the symbol ";" meant that you need to select only one of the listed options.

In accordance with GOST 5781-82, only grades "St3kp, St3ps, St3sp" can be applied to the class of steel AI, and only "35GS, 25G2S, 32G2Rps" to class AIII. The customer responded evasively to requests for clarification, and the supplier prepared an application referring to GOST. As a result, the customer rejected it. It is impossible to correctly prepare such an application.

Sometimes customers hide the terms of reference among other documents or offer it in an uncopyable form. Most likely, they also want to limit the range of suppliers by this.

When delivering goods, do not forget to indicate specific characteristics and GOSTs.

In the purchase for the supply of goods

• You agree to the delivery of the goods (the consent form is in the purchase documents).
• Be sure to describe specific or range indicators of the goods, country of origin (in purchases with the national regime). Brand name, patents, trademark if available. If you supply an equivalent, then you must also indicate the indicators, and the brand name and trademark, if available.
• Indicate that the product complies with GOST, if the terms of reference says “the product must comply with GOST”. What if there are no GOSTs in the terms of reference, but they are given in the instructions? You can write characteristics that correspond to these GOSTs, but you do not need to list them. If you do list it, this will not be a reason for rejection of the application.

In the purchase of services and works

• You only consent to participate in the electronic auction.

True, such applications do not always require only consent. For example, in this auction for 644 million rubles, you need to provide documents confirming the experience of participation (government decree No. 99).

In purchase to fulfill using goods

• Everything listed in the first and second paragraphs: both the agreement to perform the work, and the specific characteristics of the goods.

In the procurement of construction work (capital construction, overhaul, demolition of buildings, etc.)

• If there is project documentation, then in the first part of the application, you only give consent to the execution of the work (put a tick on the ETP).
• "Form 2" (consent + specific characteristics of goods) is needed only when purchasing for current repairs, construction of non-capital buildings, repair and maintenance of roads (including sidewalks, bike paths, etc.), landscaping, cleaning, etc.

Submit a request for clarification if something is not clear

Here are some of the most misleading customer violations that you can complain about:

• Require to provide "other information". If the terms of reference does not decipher what it is, the documentation is incorrect.
• They do not justify why they do not use GOSTs for goods that have them, or use them incorrectly. If the documentation contains at least a partial inconsistency with GOSTs, while the customer says “as we want, we indicate”, refer to the requirements of 44-FZ or to the GOSTs themselves (their catalog is on the Rosstandart website). The customer is obliged to use GOSTs or justify why he does not.
• They pose requirements that are possible only for one product or supplier. If there is no equivalent, and the purchase is not included in the list of options when the customer can indicate a specific trademark (clause 1, article 33 44-FZ), this is a violation.
• You can not set "unique" requirements for suppliers. For example, in the procurement for the maintenance and repair of vehicles in Volokolamsk, the customer established that the technical center should be located in a specific city. Only one technical center meets these requirements. The participant filed a complaint and won the dispute.
• Require range values \u200b\u200bwhen the product has specific values. If a product parameter has a specific numerical value, the customer cannot prohibit specifying it in the order. At the same time, in the terms of reference, he is obliged to give the suppliers a fork: the minimum and maximum values \u200b\u200bfor a particular characteristic of the product.

You can submit a request for clarification in the electronic auction 3 times before the deadline for submission of applications. If you cannot get an exact answer, you need to complain to the regional office of the FAS about the content of the documentation.