Specific product indicators. Example of specific indicators

Currently, if you want to take part in an electronic auction, then for this you need to correctly prepare an application, which consists of two parts. The first part of the application consists of a form of specific indicators of the proposed goods or materials and agreement to the requirements of the auction documentation. The second part of the application includes a set of standard documents specified in the auction documentation and clearly stated in the information card.

The form of specific product indicators is a table with certain requirements. In order to fill out the document correctly, you must adhere to the following rules:

1) Carefully study the auction documentation and highlight the instructions for filling out Form 2. Most often, the instructions are located after the table of requirements, sometimes they can be located in the technical specifications or as part of the information card;

2) Study the proposed instructions in detail and thoroughly. Very often, Customers complicate the instructions in order to confuse inexperienced or inattentive participants.

What are specific product indicators?

In the auction documentation, the Customer indicates detailed characteristics of a particular product, which make it possible to specify their compliance with the stated needs. Indicators that are important and necessary for the Customer are determined (at the same time, the Customer does not have the right to set excessive requirements for the characteristics of goods). When completing the first parts of the application, Bidders, in turn, indicate specific indicators of the product under 44 Federal Laws - exact and unambiguous values ​​of the consumer and functional qualities of the product. Specific indicators of a product are the requirements that apply to the product supplied or used. The indicators are indicated in a specialized table, which is located in the auction procurement documentation. One of the most common reasons for rejection of the first parts of an application is precisely the incorrect indication of specific product indicators.

What difficulties arise when preparing an application?

When placing an auction, the law establishes strict rules for describing the requirements for materials. The customer is obliged to give a clear definition of the product and its consumer properties, but he cannot set requirements that will limit the procurement participants. In order to avoid concluding a contract with a person who does not have sufficient competence when drawing up auction documentation, the section of specific indicators becomes more complicated. Often, for the customer, it does not make sense to draw up documentation in such a way that any organization can take part in the auction. Such complications make it possible to significantly narrow the circle of persons who can be admitted to trading. The requirements for materials are complex and confusing. For the Participant, correct and accurate indication of specific indicators of goods under 44 Federal Laws in cases is problematic, sometimes even impossible.

Example of specific indicators

Name of product: Acetylene technical

Country of origin: Russia

Specifications:

Brand: A

View: colorless gas

Auto-ignition temperature: 335 °C

Saturation temperature:-26 °C

Regulatory document: GOST 5457-75

Highly qualified assistance

Filling out specific product indicators has a huge number of pitfalls. It is very difficult for an unprepared Participant to avoid making annoying mistakes. If you want to submit the correct bid to participate in the auction, please contact our experienced specialists. We will help you by guaranteeing high quality filling.

Hello, dear colleague! Today's article will talk about Form 2 for the auction and how to prepare it to ensure you are admitted to this auction. If you look at the distribution diagram of orders by procurement method from the official website for 2019, you can see that the most popular procurement method is currently.

The procedure for participating in an electronic auction itself is quite simple and understandable. However, the greatest difficulty for procurement participants is the preparation of the first part of the application in accordance with the Customer’s requirements. In fact, the 1st part of the application for the Customer has become the main tool for lobbying “their” supplier. That is, the Customer prepares the terms of reference in such a way as to make the preparation of the application as difficult as possible for the participants.

The expectation is that the participant will get confused in the requirements and make a mistake, so that one or more suppliers will be allowed to participate in the auction procedure. More than 90% of all procurement participants face this problem. This problem remains very relevant to this day. For this reason, I suggest that you look into this issue in more detail so that your applications are prepared according to all the rules. ( Note: This article was updated on 04/02/2019).

1. What is Auction Form 2?

According to Part 2 of Article 66 of 44-FZ, an application for participation in an electronic auction consists of two parts .

The first part of the application under 44-FZ is most often called “Form 2” in the professional environment, although this is not entirely true. In fact, the first part of the application consists of “Form 1” and “Form 2”. “Form 1” contains the consent of the procurement participant to supply goods, perform work or provide a service, and “Form 2” contains specific information about goods, products or materials, the supply or use of which is planned as part of the execution of the state (municipal) contract. But since “Form 1” is just a consent, which is resolved on the electronic platform by checking the corresponding checkbox, the 1st part of the application began to be called Form 2 (abbreviated F2).

Sometimes you can find the following name for Form 2 - “Information on the quality, technical characteristics of the product, its safety, functional characteristics (consumer properties) of the product.”

It is worth noting that the first part of the application must be completely anonymous, that is, it should not contain any information about the procurement participant. This was done by legislators deliberately, in order to make the assessment of applications more objective and eliminate the corruption component.

However, as practice has shown, there is no smell of impartiality here. Applications from participants are, for the most part, checked only for compliance with formal requirements and can be rejected for lack of the required comma, and information about participants is often “leaked” by operators of electronic platforms, both to the Customer himself and to potential competitors.

2. Contents of the first part of the application under 44-FZ

So, according to Part 3 of Article 66 of 44-FZ, the first part of the application for participation in the electronic auction must contain the following information.

Upon delivery of goods:

1. Agreement for the supply of goods or their equivalent on the terms provided for in the documentation (Note: Such consent is given by the participant using the software and hardware of the electronic platform itself);
2. Specific product indicators , corresponding to the values ​​​​established in the technical specifications (Note: Specific product indicators must be indicated in several cases. The first case is that there is no indication of a trademark in the technical specifications. The second case is when the participant offers for delivery an equivalent product with a different trademark);
3. Trademark (Note: The trademark must be indicated if available. Some goods may not have a trademark, in which case the following wording can be written in the application - “There is no trademark”);
4. (Note: Law No. 44-FZ requires the indication of the name of the country of origin of the goods in cases where the Customer has established conditions, prohibitions, restrictions on the admission of goods originating from a foreign state, in accordance with Article 14 44-FZ. I recommend that you always indicate the country of origin of the product in your application.)

When performing work (providing services) under the conditions specified in the documentation:

If the Customer is making a purchase to perform work or provide services that do not require the use of goods, then the participant in the first part only needs to give his consent to perform these works (render services). As mentioned above, such consent is given using the technical means of the electronic platform. There is no need to attach any additional documents.

When performing work (providing services) using goods:

1. Agreement to perform work or provide services under the conditions provided for in the documentation (Note: Consent is given by the participant using the technical means of the electronic platform);
2. Specific product indicators , which will be used by the participant when performing work (providing services) and which correspond to the values ​​​​established in the technical specifications (Note: In relation to specific indicators in this case, the same requirements apply as for the delivery of goods);
3. Trademark ;
4. Name of country of origin of the product (Note: In relation to indicating the country of origin of the goods, in this case the same requirements apply as for the delivery of goods).

According to Part 4 of Article 66 of 44-FZ, the first part of the application for participation in the electronic auction, provided for in Part 3 of Article 66 of 44-FZ, may contain sketch, drawing, drawing, photograph, other image of the product for the supply of which a contract is concluded.

Note: According to Part 2 of Article 67 of 44-FZ, the period for consideration of the first parts of applications under 44-FZ cannot exceed 7 days from the deadline for filing these applications. And in the event that the NMCC does not exceed 3 million rubles, the consideration periodshould not exceed one working day .

3. Sample Form 2 for auction under 44-FZ

Form 2 is a table consisting of several columns, as a rule, these are: name of the product, unit of measurement, values ​​​​established by the documentation and values ​​​​offered by the participant. However, this form does not have a specific type.

Each Customer attaches recommended forms for filling out the application in the auction documentation. But I want to draw your attention to the fact that these are recommended forms, not mandatory. According to Part 2 of Article 64 of 44-FZ, documentation on the electronic auction can not contain requirements for the design and form of an application for participation in the auction.

But from personal experience I can say the following. If the Customer provides a recommended form as part of the auction documentation, then it is better to use it. You will ask why? But because by doing so you will demonstrate respect for the work of the Customer. What do you think is easier, checking 10 applications completed in the prescribed form, or the same 10 applications completed in different forms? I think the answer is obvious. Therefore, do not once again provoke the Customer and do not create a reason for rejecting your application.

There are suppliers who prefer to provide information about goods (products, materials) and their characteristics in plain text. I am an ardent supporter of tables. And that's why:

Firstly, the information provided is more clear.

Secondly, the information is systematized.

Third, this reduces the time for preparing and checking the application.

Fourth, the likelihood of making a mistake is significantly reduced.

Fifthly, the likelihood of an application being admitted to participation in the electronic auction increases.

There are quite a lot of samples and options for Form 2, so below for your convenience I have placed a file with the three most common options.

Form 2 for auctions under 44-FZ (doc, 9 Kb) - download samples

4. Description of the procurement object and Customers’ tricks

Almost every auction documentation contains a “Technical Specifications” section. This is the section in which the Customer describes the procurement object (goods, works or services). The rules for describing the procurement object are established in Article 33 of 44-FZ. In addition to the rules established by Article 33 of the 44-FZ, the Customer must also be guided by the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition” and the legislation on technical regulation.

According to clause 1, part 1, article 33 of 44-FZ, the description of the procurement object shall indicate the functional, technical, quality and operational characteristics of the procurement object (if necessary).

Important! SHOULD NOT include requirements or instructions regarding:

• trademarks,
• service marks,
• brand names,
• patents,
• utility models,
• industrial designs,

name of the country of origin of the goods, requirements for goods, information, works, services, provided that such requirements or instructions entail a limitation on the number of procurement participants.

ALLOWED use of an indication of a trademark in the description of the procurement object, provided that such indication is accompanied by the words "or equivalent" either subject to the incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the Customer, or subject to the purchase of spare parts and consumables for machines and equipment used by the Customer, in accordance with the technical documentation for these machines and equipment

Customer Tricks

As I said earlier, most Customers want to see “their” supplier (contractor) as the executor of the contract. Therefore, they use various tricks to weed out unnecessary participants. These tricks are contained both in the auction documentation and in the technical specifications and they can be divided into three groups:

1. Visual tricks (attention tricks);
2. Conceptual tricks;
3. Technical tricks.

Visual tricks (attention tricks)

This is the simplest group of tricks, which is designed for the inattention of the participant and the banal human factor. For example, this is a technical task in an unreadable form, a task in the form of continuous text, indication of numerical indicators in words, typos and inaccuracies in the text, etc.

Conceptual tricks

These are tricks of the second level of complexity, also designed to allow the procurement participant to make an error in compliance with the Customer’s requirements. And such tricks include confusing instructions, various conjunctions, prepositions and punctuation marks, range values, etc.

Technical Tricks

These are tricks of the third, highest level of complexity, designed to ensure that the procurement participant provides false information (information). These include ineffective GOSTs, arithmetic errors, voluminous technical specifications and excessive requirements for goods (materials), missing documents, inclusion of several interrelated characteristics in one position, etc.

I discussed in more detail how to recognize and, most importantly, competently bypass such tricks of Customers in my practical manual for suppliers, which is called “Punch Application. Get admission to any auction.” It does not contain unnecessary information, but contains only the concentrate necessary to prepare applications that will provide you with guaranteed admission to auctions. You can find out more about this manual and purchase it.

If you want to learn how to prepare the first parts of applications without errors, then our practical workshop can also help you with this: “Form 2: How to prepare the first part of an application for participation in an electronic auction so that it is not rejected.” A recording of this workshop is available at this link.

5. Reasons for rejecting applications

According to Part 4 of Article 67 of 44-FZ, a participant in an electronic auction is not allowed to participate in it in the event of:

1. failure to provide information provided for in Part 3 of Article 66 of 44-FZ, or provision of false information ( Note: This may not include specific indicators, product manufacturer, trademark, etc.);
2. inconsistency of the information provided for in Part 3 of Article 66 of 44-FZ with the requirements of documentation about such an auction ( Note: In this case, the participant’s application is rejected for non-compliance with the information provided by the participant as part of the 1st part of the application, the requirements of the auction documentation, and in particular the technical specifications or instructions).

Important point! If a participant's application is rejected, the Customer must refer to the clause of the law on the basis of which this application was rejected. In the absence of such an indication, the rejection of the application is not justified. And this, in turn, is a reason to submit.

6. Rules for filling out Form 2 to participate in the auction

Below I have listed the basic rules that must be followed when filling out Form 2.

Rule #1 - Carefully review all auction documentation

Many suppliers make one very serious mistake. They study only the technical specifications and do not read the rest of the documentation, which is fundamentally wrong. You need to study all the documentation, otherwise you risk losing sight of important nuances and requirements of the Customer.

Rule No. 2 - When preparing an application, follow the Instructions

According to clause 2, part 1, article 64 of the 44-FZ, the documentation for the electronic auction must contain requirements for the content and composition of the application for participation in such an auction in accordance with parts 3 - 6 of article 66 of the 44-FZ and instructions for filling it out . An instruction is a document containing a description of how the supplier should interpret certain requirements of the Customer (punctuation marks, conjunctions, prepositions and ranges). If there are no instructions included in the auction documentation, then this is a reason to file a complaint with the FAS.

Rule No. 3 - Send requests for clarification of the provisions of the auction documentation

If something in the documentation and requirements of the Customer raises questions or doubts in you, then send the Customer a request for clarification of the provisions of the documentation. The request is sent to the Customer no later than 3 days in advance before the deadline for submitting applications for participation in the auction.

Important point! The customer can make changes to the electronic auction documentation an unlimited number of times. And the procurement participant can send no more than 3 requests for clarification of the provisions of the documentation. Based on this, I recommend that you study the documentation as deeply as possible and submit a request for all controversial and unclear points. Otherwise, you may reach your request limit and still not get all your questions answered.

Rule No. 4 - When preparing an application, indicate the real characteristics of goods (products, materials) and real manufacturers (suppliers)

Sometimes suppliers try to cheat when filling out Form 2 and indicate non-existent parameters or parameters that do not correspond to the products of the specified manufacturer. Sometimes such applications are allowed to participate in the auction, but at the acceptance stage the supplier may have problems.

Important point! Be sure to indicate in Form 2 the name of the country of origin of the goods.

Rule #5 - Track changes and clarifications of documentation on the site

According to Part 6 of Article 65 of 44-FZ, the Customer has the right to decide to make changes to the documentation about such an auction no later than two days before the deadline for submitting applications for participation in such an auction. The website also contains explanations for requests received from procurement participants. Thus, you should carefully monitor all changes and clarifications published on the EIS website. Otherwise, you risk not taking something into account in your application, and it will be rejected.

Rule #6 - Check it several times before submitting it

Be sure to review your application before submitting it. This is especially true for large applications. The human eye tends to get blurry, so there is a high probability of missing something or filling it out incorrectly. I check my applications at least 2-3 times.

Rule No. 7 - Don’t be afraid to appeal the illegal rejection of your application to the FAS

Sometimes Customers reject participants' applications unreasonably and many participants (especially newcomers) meekly agree with this state of affairs. If you are sure that your application was rejected unreasonably, then send a complaint to the FAS. There is no need to be afraid of this. You need to be able to defend your rights and legitimate interests.

7. Form 2 - your pass to participate in the electronic auction

Without exaggeration, I can say that a well-prepared Form 2 is your ticket to participate in an electronic auction. After all, if your application is rejected, then all your labor costs on searching for information, studying and analyzing documentation, as well as preparing the application are automatically reduced to zero.

Preparing the application yourself or entrusting this task to specialists is your choice. One thing I can say for sure is that there is nothing super complicated in preparing Form 2. Yes, this requires certain knowledge, time and care, but absolutely everyone can do it. Moreover, it is worth understanding that not every tender specialist can be as competent in your field as you are. Do you want to learn how to prepare Form 2 without mistakes? Then you.

How much does it cost to prepare Form 2 for an e-auction?

The price for preparing Form 2 for participation in an electronic auction depends on the volume and complexity of the technical specifications, as well as on the time for its preparation. Prices on the market for preparing one such application start from 3 thousand rubles. The more voluminous and complex the specification, the more expensive it is.

If you need my help preparing Form 2 for the auction, you can leave your request below. In the form, indicate your name, e-mail, subject of the letter (Form 2) and in the text field indicate the purchase registration number or link to the auction.

Video instructions for ordering a service:

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

Read 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 procurement technical specification - the main component in preparing the application.

If you do not read these documents carefully, you may miss parts of the requirements or misinterpret them. In the first case, this will lead to rejection of the application, and in the second - to the risk of fulfilling the contract at a loss or not fulfilling your obligations and ending up in the Register of Unscrupulous Suppliers.

Along with the terms of reference, customers according to 44-F are required to publish instructions for it, which indicate:

• GOSTs and other regulatory and technical documents for goods. If the procurement does not indicate GOST numbers, 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 ranged (pipe diameter from 200 mm to 240 mm). The customer must indicate which 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 two proposed colors. This technique is often used to limit competition. Be careful.

There are confusing technical specifications and confusing instructions. For example, in an electronic auction for the modernization of production facilities in Moscow, suppliers were asked in the documentation to choose a 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. Next came the clarification of the brand: 35GS; 25G2S; 32G2Rps; St3kp; St3ps; St3sp. According to the instructions, the symbol ";" indicated that you need to choose only one of the listed options.

In accordance with GOST 5781-82, only grades “St3kp, St3ps, St3sp” can be used for class AI steel, and only “35GS, 25G2S, 32G2Rps” for 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 a non-copyable form. Most likely, they also want to limit the circle of suppliers by this.

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

In procurement for the supply of goods

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

In procurement for 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 experience of participation (Government Decree No. 99).

In procurement for execution using goods

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

Submit a request for clarification if something is unclear

Here are the most common customer violations that are misleading and that you can complain about:

• They require you to provide “other information.” If the terms of reference do not spell out what it is, the documentation is incorrect.
• They do not justify why they do not use GOST standards for goods that have them, or use them incorrectly. If the documentation contains at least a partial discrepancy with GOSTs, while the customer says “we specify as we want,” 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 GOST standards or justify why he does not do so.
• They set 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 of 44-FZ), this is a violation.
• You cannot set “unique” requirements for suppliers either. For example, in the procurement for the maintenance and repair of vehicles in Volokolamsk, the customer determined that the technical center should be located in a certain city. Only one technical center meets these requirements. The participant filed a complaint and won the dispute.
• They require you to specify range values ​​when the product has specific ones. If a product parameter has a specific numerical value, the customer cannot prohibit it from being indicated in the application. At the same time, in the terms of reference, he is obliged to give suppliers a range: minimum and maximum values ​​for a particular product characteristic.

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

Form 2- a document indicating specific indicators materials or goods that meet the requirements of auction documentation. Mandatory for referrals as part of first part of the application for an electronic auction, if there are such requirements in the Information Card.

– a section of auction documentation, where all semantic concepts and interpretations of punctuation marks, conjunctions, mathematical symbols and others are clearly and clearly indicated.

When specified specific product indicators the participant must be guided by the requirements of paragraph 3 of Article 66 of Federal Law-44 “On the contract system………”.

«…. first part of the application for participation in an electronic auction must contain the consent provided for in paragraph 2 of this part, and also specific indicators of the product used, corresponding to the values ​​​​established by the documentation about such an auction, …………, name of place of origin of the goods».

Providing incomplete or incorrect information as part of the first part will be the reason for rejection of the auction application.

When filling forms 2 standard indicators of technical and quality characteristics of goods established in accordance with technical regulations, standards and other requirements provided for by the legislation of the Russian Federation on technical regulation must be used (it is necessary to use standard versions of goods and materials).

When providing requirements for materials, you must use instructions for filling and consider the following:

For high-quality execution of work, the materials used must comply with the requirements for materials specified in the technical specifications and its annexes. If this specification contains references to specific trademarks, names from the manufacturer, etc., it is possible to use an equivalent that may exceed the quality and technical characteristics of the materials specified in these requirements. The quality of goods offered by the Participant for use must meet or exceed technical and quality characteristics given in this TOR. In the application, the applicant must reflect materials with indicators (characteristics) equal to or superior to the characteristics of the materials specified in the technical specifications and its annexes.

When preparing an application, the procurement participant must assume that he is preparing his proposal taking into account requirements for technical characteristics and indicators, established in the documentation about open auction in electronic form after fully studying the contents of the above-mentioned documentation and all appendices thereto.

Indicators of physical and mechanical properties, as well as others qualitative and quantitative characteristics of all goods (materials) within one characteristic, must be precisely individually selected for each specific product, taking into account what actually exists and must not contradict auction documentation in electronic form, as well as regulations of the Russian Federation, building codes and regulations, GOST requirements, sanitary standards and rules, safety standards.

All documents included in the application for participation in the auction must have clearly readable text.

If in the “Required value” column there is an enumeration sign “;” or the conjunction “and”, then it is necessary to list all possible variations of specific meanings.

If the “Required value” column contains the conjunction “or,” then the participant selects one specific value from the proposed list.

If in the “Required value” column there is a “-” dash sign, then you must indicate one specific indicator value from the specified range. Extreme values ​​are included in the list of possible variations.

If in the “Required value” column there is a “…” sign, then you must specify a range value.

If “may be:” is written in the “Required value” column, then the participant can select one or more values.

The ">" sign means "greater than".

Sign "<» означает «меньше».

The "≥" sign means "greater than or equal to."

The "≤" sign means "less than or equal to."

Indicators enclosed in brackets “ ” are “fixed indicators”

Limit deviations must be indicated in specific values, up or down, with the obligatory presence of an appropriate sign indicating the larger (plus, “+”) and smaller side (minus, “-”), or in one direction, provided which is stated in the relevant GOST.

The sign “±” means the need to specify a specific value within a given range not including the original value, for example 1±0.5 you can specify values ​​from 0.5 to 1.5, not including the value 1, or ±25 - you can specify values ​​from - 24 to +24, not including the value 25.

When specified in auction documentation non-specific values ​​of indicators, the participant in his application must indicate a specific value of the indicator from those required by the customer, except in cases where, in accordance with state standards, it is established that this indicator cannot be specified (for example, crushed stone fraction 20-40), or the indicators and characteristics of goods are determined by testing or various calculation methods using special equipment in laboratory conditions in accordance with the requirements of current GOSTs, and also with the exception of cases where the manufacturer has established such an indicator value as unchangeable. Moreover, such indicators of goods can be indicated in the application both in a range (non-specific) value and in a specific value.

If indicated ranges of values using the words “from” and “to”, the minimum value of such a range is the value indicated after the word “from”, the maximum is the value indicated after the word “to”.

If the customer uses the phrase “maybe”, the conjunctions “or”, “or”, in all declensions when listing indicators (values ​​of indicators), including through a period, indicating options for the execution of the product, it means that the customer requires only goods with one of the specified indicators.

When filling requirements for materials - forms 2 the participant must be guided by the parameter values ​​of specific regulatory documents and the parameter values ​​of manufacturers of goods (materials). If the Terms of Reference do not contain a reference to specific regulatory document, the participant must be guided only by the parameter values ​​specified by the manufacturer of a specific product (material).

IMPORTANT!

WHEN COMPLETING THE FIRST PART OF YOUR APPLICATION, BE SURE TO USE THE INSTRUCTIONS FROM YOUR ELECTRONIC AUCTION AUCTION DOCUMENTATION.

Our auction specialists have extensive experience in completing the most complex and confusing auction applications.

Entrust us with the preparation of the first part for your auction and we will ensure ACCESS!

Contact us by phone or email.

The terms of reference stated that the warranty period for the equipment must be at least 12 months from the date the Customer signs the delivery note. The procurement participant in the application for participation did not specifically indicate the period for providing guarantees for the supplied goods, the commission decided to remove this participant from participation in the auction. Are the commission's actions legal?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

The warranty period cannot be a specific indicator of the product. A procurement participant’s application, the first part of which does not contain information on the warranty period, cannot be rejected.

What are specific indicators

Specific indicators are exact values ​​that uniquely characterize the participant’s product. Using specific indicators, the customer understands what goods will be received as a result of the purchase.

When describing a product in an application, do not use ambiguous interpretations or approximate indicators. For example, do not use the words “equivalent”, “analogue”, “type”. When indicating the values ​​of indicators, do not use words and signs: “no more”, “no less”, “must”, “no higher”, “not lower”, “from”, “to”, “or”, “<», «>", "/". Do not duplicate the norms of technical regulations and standards and do not indicate the range of values ​​​​that are provided for by GOSTs or SNiPs. The customer will reject such an application (letter of the Ministry of Economic Development of Russia dated March 10, 2015 No. D28i-441).

In your application, use only generally accepted designations and abbreviations. Indicate the names of indicators and units of measurement that the customer used in the procurement documentation.

About filling out the first part of the application

The customer purchases cabinets. In the auction documentation, the contract manager described the procurement object:

“The cabinet is metal, archival. Product Specifications:

• Height: no less than 1800 mm, no more than 2000 mm
• Width: no less than 850 mm, no more than 1000 mm
• Depth: no less than 500 mm, no more than 550 mm
• At least 1 section, no more than 2 sections
• At least 2 swing doors
• At least 4 adjustable shelves
• Deadbolt lock with handle
• Maximum capacity of folders with a width of 55 mm: no less than 80 pcs.
• Assembled with screws
• Height spacing of shelves: no more than 50 mm

In the first part of the application, the procurement participant indicated:

« Metal cabinet, archival.

Trademark: ShM-03-"MSK" (MSK-646.01).

Name of place of origin of the goods and name of the manufacturer of the goods: Russia, LLC "Stalkonstruktsiya".

Product Specifications:

• Prefabricated archival metal cabinet
• Height: 1900 mm
• Width: 900 mm
• Depth: 500 mm
• 2 sections
• 2 swing doors
• 4 adjustable shelves
• Deadbolt lock with handle
• Maximum capacity of folders 55 mm wide: 100 pcs.
• Assembled with screws
• Height spacing of shelves: 40 mm
• Polymer (powder) coating.”

If the customer has attached an application form and instructions for filling it out to the documentation, fill out the application as stated in the instructions

If you fill out the application using the form from the documentation, you will simplify the work for both yourself and the customer. The customer will quickly understand what specific product you are offering, and you will reduce the risk that the application will not be accepted. However, the form with instructions is advisory in nature - the participant has the right to formalize the consent and application in the way that is convenient. This conclusion follows from Part 2 of Article 64 of Law No. 44-FZ.

What documents should a participant in an electronic auction prepare?

The Decision of the Omsk OFAS dated June 25, 2014 No. 03-10.1/320-2014 states that the requirements for shelf life, warranty period, etc. do not relate to specific indicators of the product, but are a requirement for its quality, therefore, procurement participants should not reflect these values ​​in their applications.

“...Guided by the requirements of paragraph 1 of part 1 of Article 64, Article 33 of the Federal Law on the Contract System, in Appendix No. 1 “Order” to the auction documentation, the Customer established the functional, technical and quality characteristics, performance characteristics and indicators that allow determining the compliance of those used in the execution works of goods to the requirements established by the customer and the name of the goods without indicating a trademark - “Whole cow's milk powder” with a description of the object of purchase:

“Made from natural cow’s milk, whole, mass fraction: moisture no more than 4%, fat no less than 26%, protein in the skimmed milk solids no less than 34.0%, packaged.

The supplied goods must comply with the requirements established by Federal Law No. 88-FZ of June 12, 2008 “Technical Regulations for Milk and Dairy Products”, GOST R 52791-2007.

The remaining shelf life of the product at the time of delivery must be at least 80% of the shelf life established by the manufacturer (manufacturer).

Frequency of delivery of goods: weekly, once a week at the request of the Customer, which determines the quantity of goods supplied. The Supplier delivers the goods within 3 (three) working days from the date of receipt of the application from the Customer from 8.00 to 14.00 (local time).”

As follows from the protocol of consideration of the first parts of applications for participation in the auction dated June 16, 2014, the Applicant was denied admission to participate in the auction on the following grounds:

“Based on clause 2 of part 4 of article 67 of the Federal Law (inconsistency of the information provided for in part 3 of article 66 of Federal Law No. 44-FZ, the requirements of section 17 clause 1 and clause 1.1. “Requirements for the content, composition of the application for participation in the electronic auction" documentation about the electronic auction: the customer’s application does not indicate specific indicators of the shelf life of the goods proposed for delivery."

Disagreeing with the decision of the auction commission, the Applicant claims that he expressed in the application an obligation to supply the goods in accordance with the specification, the residual shelf life of which, at the time of delivery, will be at least 80% of the shelf life established by the manufacturer (manufacturer).

The Customer's representative explained that the words “at least 80%” are not a specific value for the shelf life of the product.

Having examined the first parts of the applications of all procurement participants, the Commission established that the values ​​of the product indicators specified in the Company’s application (No. 1 in the protocol) fully complied with the requirements of the documentation.

The Commission noted that the requirements for shelf life, warranty period, etc. do not relate to specific indicators of the product, but are a requirement for its quality, therefore, procurement participants should not reflect these values ​​in their applications.

Based on the foregoing, the Commission believes that the auction commission unlawfully refused the Company to participate in the auction on this basis, and therefore the complaint is considered justified.

The Commission notes that on a similar basis, participant No. 2 was unlawfully denied admission to participate in the auction...”