Composition of the competition commission for 44 Federal Laws. Is a procurement commission required?

Review and comparison of applications submitted for participation in procurement procedures can only be carried out by a special commission, which the customer must convene. Only based on the results of its work is a decision made on choosing a winner or admitting an application to auction. What is a procurement commission? A procurement commission is a group of people who take part in the comparison of applications for participation in procurement procedures. Its activities are regulated by Article 39 of 44-FZ. The decision to convene it must be made by the customer before the start of the procedure itself. At the same time, a decision is made to create a commission. It prescribes its composition, as well as the features of its functioning, and selects a chairman. On the appointed day, a meeting of the commission is held. All its members must be notified in advance of the date and place of the meeting. Their personal presence is required.

Article 39. procurement commission

If the specified persons are identified in the commission, the customer who made the decision to create the commission is obliged to immediately replace them with other individuals who are not personally interested in the results of identifying suppliers (contractors, performers) and who are not able to be influenced by procurement participants, as well as individuals persons who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement. 7. Replacing a commission member is allowed only by decision of the customer who made the decision to create the commission.

Attention

The commission is authorized to carry out its functions if at least fifty percent of the total number of its members are present at the meeting of the commission. Members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the meeting of the commission.

Procurement Commission

Important

It is not permitted to hold a meeting via conference call or in absentia. Members of the commission are prohibited from delegating authority to another person.

When the customer is obliged to create a procurement commission

And in the case of purchasing a specific product, which requires special knowledge, you can create it only to carry out a specific procedure, and include specialists or experts in the required field. Composition requirements So, Law No. 44-FZ provides for the requirements for the collegial body in question.
They are like that. Number of members The number of members of the auction and competition must be at least five people. The number of members of the customer’s unified commission must also be at least five.

Others may include three or more people. Requirements for professional staff It must be borne in mind that preference should be given to those persons who have knowledge in the field of procurement or special knowledge about the object of the order.

Restrictions The provisions of the law also provide for restrictions on the involvement of certain types of persons.

Contract service or procurement commission (Lunina O.)

The principle of professionalism of the customer" of Federal Law N 44-FZ and clause 23 of Art. 112 of Federal Law N 44-FZ applies to all state and municipal employees whose job regulations include responsibilities in the field of procurement, in terms of their undergoing professional training or advanced training under programs of additional professional education in the field of procurement before January 1, 2016. According to information Ministry of Economic Development, at a meeting with First Deputy Chairman of the Government of the Russian Federation I.I. Shuvalov (Minutes dated 09/05/2013 N DM-P36-65pr) was tasked with analyzing the organization of the system of training and advanced training of employees engaged in procurement activities, and at a meeting on September 18, 2013.

Creation of a procurement commission

• Representatives of the regulatory authority.
If the above persons are found on the commission, the customer is obliged to replace them as soon as possible with people who are not interested in the results of the purchase. The commission can begin work only if more than 50% of the members are present at the meeting. This procedure is established by Part 8 of Article 39 of 44-FZ. How is the commission created? Before starting the procurement procedure, the customer is obliged to decide on the formation of a commission.

It is documented by an appropriate order. It is published in free form. As a rule, the document contains the following information: 1. Type of commission being formed.

2.Data of all members indicating their positions. The contract service employee is most often responsible for filling out the order. The document is endorsed by the head of the organization.

Customer commissions within the framework of 44-FZ

For example, persons who submitted applications to participate in the procedure, or officials directly exercising control in this area do not take part in the work of the collegial body. How to organize The decision to create a commission is made by the customer and formalized by issuing an order in any form.

When drawing up such an order, you should indicate the type, data of the chairman, as well as all persons who are part of it. Download Also, the customer must establish the operating procedure of such a body.

It is established by a separate document - the work regulations. It is advisable in this document to determine the timing, location of meetings, the procedure for considering applications, the procedure for notifying members about the holding of such meetings, their rights and obligations, as well as responsibilities.

Creation of a procurement commission

Its task is to compare applications to determine their compliance with the requirements and determine the best offer.

• Commission for evaluating applications for participation in the request for proposals.
• United. Combines the responsibilities of all possible commissions.

  The creation of such a commission is considered appropriate for procurements that do not have specific features.

In the course of their work, all commissions formalize their decisions in the form of protocols. When the purchase is carried out from a single supplier, there is no need to convene a commission.

Who should be on the committee? According to Article 39 of 44-FZ, the auction, competition and unified commission must include at least five people. Other types of commissions may include three or more members. Special requirements are imposed on members of the commission. Preference is given to persons with professional training in the field of public procurement.

Bad request

Federal Law contract service is created from customers whose total annual purchase volume in accordance with the schedule exceeds 100 million rubles, while the creation of a special structural unit is not mandatory. If the total annual volume of purchases of the customer, in accordance with the schedule, does not exceed 100 million rub. and the customer does not have a contract service, then he appoints an official responsible for the implementation of a purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager) (Clause 2 of Article 38 of Federal Law No. 44-FZ). The contract service operates in in accordance with the regulations (regulations) developed and approved on the basis of the Model regulations (regulations) approved by Order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631. The contract service and the contract manager exercise the following functions and powers (clause
Since January 1, 2014, relations in the field of procurement of goods, works, services to meet state and municipal needs are regulated by Federal Law N 44-FZ<1. В нашем журнале в N N 8 — 10 за 2013 г. мы рассказывали об основных положениях данного Закона, касающихся способов осуществления закупок, а также о вопросах исполнения, изменения и расторжения контракта. В этой статье мы рассмотрим нормы законодательства, которые указывают на необходимость создания в учреждении контрактной службы или комиссии по осуществлению закупок. <1 Федеральный закон от 05.04.2013 N 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд». Закупочная деятельность в государственных (муниципальных) учреждениях должна осуществляться контрактной службой или комиссией по осуществлению закупок. Контрактная служба В соответствии с п. 1 ст.

Is a procurement commission required?

The Department of Program Management and Competitive Procedures of the Ministry of Education and Science of the Russian Federation has been instructed to present a detailed justification and proposals for making changes to the said program, and the Department for the Development of the Contract System of the Ministry of Economic Development of the Russian Federation has been instructed to further study the issue of the feasibility of creating a separate specialty or area of ​​training “Procurement Specialist”; - on the issue on methodological recommendations for additional professional education programs as part of the formation of a system of training and state certification of specialists in the field of procurement, the working group agreed with the need for their development, which was entrusted to the Institute of State and Regulated Procurement, Competition Policy and Anti-Corruption Technologies of the Moscow State Law University. O.E.

Akimov Nikolay Aleksandrovich, Candidate of Economic Sciences, Deputy Head of the Department of State and Municipal Procurement Management, Moscow State University of Management, Moscow Government

Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” provides that the procurement of goods, works and services for budget funds to meet state and municipal needs is carried out by customers through specially created commissions . The basic provisions on procurement commissions are enshrined in Article 39. It is the order of their formation, functioning, as well as membership in such a commission that will be discussed in this final work.
The first thing a customer needs to do when starting to work according to the rules of the contract system is to assign procurement commission. Despite the significant potential contained in the new law No. 44-FZ on the contract system, some definitions are not clearly formulated, which causes certain difficulties in practice.
In particular, this applies to the provisions of paragraph 5 of Art. 39, according to which the customer includes to the commission predominantly persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object. What does the term “predominantly” mean? There are several opinions on this matter: some experts believe that “predominantly” means at least 50% of the commission; Other experts have suggested that "predominantly" means the majority. Still others, explaining this, point out that it is necessary to include first those trained in the commission, and then the rest. Adding to the urgency of the situation is the question that accusing the commission of being unprepared may become grounds for invalidating the decision of such a commission. In the near future, the requirements for the professional training of commission members should be clarified in new regulatory documents.
The commissions in their activities are guided by the Civil Code of the Russian Federation, the Budget Code of the Russian Federation, the Law on Placement of Orders, other federal laws, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of the city of Moscow and these Regulations.
Purchasing commissions may cover varying amounts of work, depending on what is specified in Regulations on the Procurement Commission direction, as well as set out in 44-FZ, Article 39, paragraph 3.
Members of the commission cannot be individuals who were involved as experts in conducting an expert assessment of competition documentation, applications for participation in the competition, carried out during the prequalification selection, assessing the compliance of competition participants with additional requirements, or individuals who are personally interested in the results of the determination suppliers. It is also important to take into account that the commissions cannot include individuals who can be influenced by related procurement participants and therefore pressure may be exerted on the biased decision of the procurement commission. Also, a member of the commission does not have the right to disseminate information constituting state, official or commercial secrets that became known to them during the placement of the order.
Commissions are created for the purpose of identifying suppliers, summing up results and determining procurement winners, as well as for the right to conclude contracts for the supply of goods, performance of work, provision of services to meet the specified needs of the customer. The decisions of the commission members should be as objective as possible when considering, comparing and evaluating applications for participation in procurement submitted on paper or submitted in the form of electronic documents and signed in accordance with the regulatory legal acts of the Russian Federation. It should also ensure the efficiency and economy of using the Customer’s funds. One of the main tasks facing the commission is compliance with the principles of publicity, transparency, competition, equal conditions and non-discrimination when placing orders through procurement. Eliminate opportunities for abuse and corruption in the placement of orders through procurement.
The commissions must consist of at least 50 percent of specialists who have undergone professional retraining and advanced training in the field of placing orders and are included in the Register of members of competitive (auction) commissions for placing orders.
Professionalism and literacy in matters of procurement within the framework of 44-FZ significantly reduces the risks of errors and violations in the implementation of the tasks assigned to the commission. Members of the commissions in their work must be guided not only by the Laws of the Russian Federation, the Constitution of the Russian Federation, but also by other regulatory legal acts of the Russian Federation regulating procurement rules (hereinafter referred to as the procurement regulations). In turn, the procurement regulation is a document that regulates the customer’s procurement activities and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, and as well as other provisions related to procurement.
Procurement Commission- this is a collegial body created by the customer for the purpose of determining the supplier, contractor, performer when conducting procurement using competitive methods provided for Law 44-FZ “On the contract system”. Consequently, the creation of a commission is a prerequisite for any procurement for public funds, with the only exception being procurement from a single supplier, contractor or performer (Part 1 of Article 39 of Law 44-FZ “On the Contract System”).
Part 2 of Article 39 Law 44-FZ “On the contract system” imposes on the customer the obligation to create an appropriate commission immediately before the start of the planned purchase. In other words, before the day of official publication of the notice of such a purchase, the quantitative and personal composition of the commission must be formed, a chairman must be appointed, and the procedure for its activities must be determined. In addition, the customer, before deciding to create a commission, should decide on its type.
Consider what types of procurement commissions are possible.
In accordance with Part 3 of Article 39 of Law 44-FZ “On the Contract System” The customer, depending on the conditions of the procurement, has the right to create various types of commissions: unified, competitive, auction, quotation, commissions for reviewing applications for participation in the request for proposals and final proposals.

Moreover, a commission can be created both to carry out a specific purchase, and to carry out several purchases using one of the methods provided for by law. It is also possible to create a commission whose powers will include conducting all purchases, regardless of the specific methods of determining contractors.
Thus, determining the type of commission comes down to choosing from the following types:

• competitive – created for procurement through an open or closed competition, a two-stage competition, as well as a competition with limited participation;
• auction - created for procurement through an auction: electronic or closed;
• quotation - created for procurement by requesting quotes;
• a commission for reviewing applications for participation in the request for proposals and final proposals - is created to carry out procurement accordingly through a request for proposals;
• unified - created to carry out procurement in all ways provided by law.

Note that creation of a single commission will become a rational solution in cases of procurement of goods, works, services that do not differ in specific characteristics. In this case, there is no need to include specialists in the relevant fields in the commission. She can carry out all purchases of the customer, regardless of the method of determining the supplier, contractor, performer, as well as the objects of such purchases. If the subject of the purchase are goods, works, or services of a specific nature that require certain knowledge in a particular area, then it is advisable to create a commission to conduct a specific purchase. In this case, it can include experts in relevant fields who can objectively evaluate the proposals of the participants.
An important point when creating a commission is to determine its quantitative and personal composition. In this aspect, in parts 3, 5, 6 of Article 39 of Law 44-FZ “On the Contract System” certain requirements and certain restrictions are established.

So, competitive, auction and single commissions must consist of a minimum of five people, while the minimum composition of the quotation commission, as well as the commission for reviewing applications for participation in the request for proposals and final proposals is three people. It is also necessary to note that the legislation establishes only the minimum possible threshold of quantitative composition, therefore a commission of any type can consist of an unlimited number of participants. However, it should be taken into account that too many participants may negatively affect the organization of work and the full functioning of the commission. The fact is that, in accordance with a meeting of the commission, it is competent if at least half of its members are present. However, delegation of powers to a commission member is prohibited by law.
As for the competence of the persons included in the commission, as stated earlier, the legislation requires that they must have appropriate professional retraining, or undergo advanced training courses in the field of procurement, or be specialists and have the necessary knowledge when purchasing specific goods, works services. With regard to persons who are experts in a specific field, it is worth noting that the law does not set a maximum number of such members when forming the composition of the commission. Therefore, for the most objective procurement, the subject of which are specific goods, works and services, it is rational that the number of experts with the necessary knowledge in the commission should be half or more of the total number of its members.
Besides, in Law 44-FZ “On the contract system” a whole list of persons who are prohibited from being included in the commission has been determined. Thus, members of the commission cannot be:

• experts participating in the assessment of tender documentation, applications for participation in the tender and other stages of procurement;
• persons who have a personal interest in the results of determining the counterparty (for example, those who submitted applications for participation in the procurement, or who are on the staff of organizations that submitted such applications);
• persons who are in a marriage relationship or have close family ties with the head of the procurement participant, in particular parents, children, grandchildren, grandparents, full (half) brothers and sisters, adoptive parents and adopted children;
• officials whose powers include exercising control in the field of public procurement.

If the above persons were nevertheless included in the commission, then if this fact is discovered, the customer should immediately take measures to replace such persons with those who will meet the requirements of the current legislation.
Situations in which customers announce competitions for the creation and performance of works of literature, art, or for financing the distribution or screening of national films deserve special attention. So, part 4 Article 39 of Law 44-FZ “On the Contract System” obliges customers to include in the commission representatives of creative professions who are specialists in the relevant field of art or literature. Moreover, such persons must be at least half of the total number of members of the commission.
Cases of forming a commission when carrying out joint procurements should also be considered. Analyzing norms Parts 2 and 3 of Article 25 of Law 44-FZ “On the Contract System”, we can come to the conclusion that the responsibility for forming and approving the composition of the commission in such situations rests with the organizer of joint procurement. In this case, the commission being created includes representatives of all parties to the joint procurement agreement. The number of representatives of a particular customer is determined in proportion to the volume of purchases of such a customer in the total volume of joint purchases. At the same time, by a separate agreement, the parties to joint procurement have the right to independently establish a different procedure for forming the composition of the commission.

In accordance with Part 2 of Article 39 of Law 44-FZ “On the Contract System” the customer must decide to create a commission. The procedural form of such a decision, as a rule, is an appropriate order issued in writing. There are no specific requirements for its adoption and mandatory details provided by current legislation, i.e. such a document is drawn up in any form. However, a logical step would be to reflect the following information in the order to create the commission:

• type of commission being created (single, competitive, auction, quotation or commission for reviewing applications for participation in the request for proposals and final proposals);
• last names, first names, patronymics, as well as the positions of the chairman of the commission and all its members.

In most cases, it is advisable to appoint the appropriate contract service employee (contract manager) responsible for drawing up the order to create a commission, and it is logical for the prepared document to be approved by the head (other authorized person) of the state or municipal body - the customer of the purchase. In this case, the order to create a commission must be issued no later than the day of publication of the notice of the procurement, for the purpose of which this commission is created.
In addition, the order can specify operating procedure of the commission. However, a more rational option would be to determine the operating procedure of an already created commission in a separate regulatory document - the regulations on the procurement commission (samples of Orders on the creation of a single procurement commission, on the creation of a tender commission, on the creation of an auction commission, on the creation of a quotation commission in appendices No. 1, 2, 3, 4).
Along with the decision to create a procurement commission, Part 2 of Article 39 of Law 44-FZ “On the Contract System” places the responsibility on the customer to determine the order of its work. As mentioned above, in practice, in order to fulfill this requirement, it is advisable to develop a separate local document - a regulation on the procurement commission. In particular, it should spell out the rules established Part 8 of Article 39 of Law 44-FZ “On the Contract System”, defining the conditions for the eligibility of meetings, sending notifications to commission members about meetings, and others.
So, when developing regulations, it is recommended to prescribe the following aspects of the functioning of the commission:

• the procedure for properly notifying members of the commission about an upcoming meeting - the obligation to notify about meetings of the commission lies with its chairman, however, the method of such notification should be clearly established (mail, telephone message, oral message, etc.), and the obligation to record the place, date and time in the notification should be stipulated holding meetings;
• prohibition of absentee meetings and voting - only those decisions of the commission that are adopted by voting and exclusively within the framework of an in-person meeting in sufficient numbers are valid;
• a condition providing for the competence of the commission to make decisions if at least half of its participants are present at the meeting;
• a rule prohibiting the delegation or other transfer of the powers of a commission member to other persons;
• regulations for the commission to conduct its meetings;
• powers, rights and responsibilities of the chairman of the commission;
• rights and obligations of commission members;
• rights and obligations of the commission secretary, if any;
• responsibility of all commission members;
• conditions under which rotation of commission members is possible, timing and procedure for its implementation.

By analogy with the preparation of an order to create a commission, it is advisable to assign the responsibility for drawing up the regulations to the relevant contract service employee (contract manager). It is recommended that the prepared commission regulations be approved by the customer’s manager or another person with appropriate authority. Just like the order to create a commission, the regulation must be approved no later than the day established for the publication of the notice of the procurement, within the framework of which the regulation on the commission is being developed. In case of production necessity, it is possible to replace a member of the procurement commission. Part 7 of Article 39 of Law 44-FZ “On the Contract System” directly establishes that replacing a commission member is possible solely on the basis of the decision of the customer by whom such a commission was created. The grounds for replacing one commission member with another are various circumstances. So, in addition to the above-mentioned identification of the fact that a person does not meet the requirements established by law for membership in the commission, the initiative of the customer himself is sufficient for replacement. Also, the need for a replacement becomes necessary when a member of the commission is dismissed from the state (municipal) body that is the customer of the purchase, in the event of a long illness or long vacation, and in other cases. To replace it, it is necessary to find a person from among the customer’s employees or persons hired as specialists.
As for the timing of replacing a commission member, it must be done immediately if it is revealed that he does not meet the established criteria. Therefore, the best option would be if the replacement is made precisely on the day that circumstances are identified that impede the work of a member of the commission within its composition. And in cases of replacement for other reasons, it is advisable to make a replacement as soon as possible after the occurrence of the circumstances that served as the basis for such a replacement.
At the same time, current legislation does not provide for the mandatory generation of any documents confirming the fact of replacement of a commission member. However, from the point of view of documentation and for security purposes, it is advisable to issue a corresponding written order in any form, which reflects the surnames, first names, patronymics and positions of persons excluded from members of the commission and included in the commission.
Similar to the development of other documents in the field of activity of the commission, it is logical to entrust the preparation of such an order to a contract service employee (contract manager).
Procurement through tenders and auctions is carried out on the basis of data contained in the corresponding EAIST subsystem. Only obligations under contracts secured by budget financing limits communicated to the customer are accepted for registration with the Moscow City Department for Competition Policy for further posting on the official website, subject to receipt of confirmation of the balance of the budget obligation limit from the Moscow City Finance Department using an automated public finance management system (ASU GF). The use of electronic data exchange tools to transmit the specified information and enter information into the EAIST are carried out in the manner and within the time limits established by the regulations on electronic data exchange, approved by the Moscow City Department for Competition Policy and the Moscow City Department of Finance.
Purchasing Commission is created for the purposes specified in the regulatory documents. May be of the following nature:

• determining the winner and second participant in an open competition and open auction/auction in electronic form;
• determining the winner and second participant when purchasing by requesting quotes;
• determination of a single supplier when purchasing goods, works and services using the method of purchasing from a single supplier (contractor, performer).

AND Based on the goals of the Commission’s activities, defined by regulatory documents, the Commission’s tasks are determined, which include:

• ensuring objectivity when considering, comparing and evaluating applications for participation in tenders submitted on paper or in the form of electronic documents;
• ensuring objectivity when considering and evaluating quotation bids submitted on paper or in the form of an electronic document;
• ensuring efficiency and economy in the use of customer funds;
• compliance with the principles of publicity, transparency, competition, equal conditions when placing purchases;
• eliminating opportunities for abuse and corruption in procurement.

Within the framework of its assigned tasks, the commission performs the following functions:

• opening envelopes with applications for participation in the competition and opening access to applications for participation in the competition located in the public information system, submitted in the form of electronic documents and signed in accordance with the regulatory legal acts of the Russian Federation;
• selection of competition participants in accordance with the requirements established in the competition documentation;
• review, evaluation and comparison of applications for participation in the competition;
• determination of the winner and second participant of the competition;
• maintaining a protocol of opening envelopes with applications for participation in the competition, a protocol for considering applications for participation in the competition, a protocol for evaluating and comparing applications for participation in the competition;
• consideration of applications (summarizing results) for participation in the auction, in accordance with the requirements established by the legislation of the Russian Federation, auction documentation;
• selection of auction participants in accordance with the requirements established in the auction documentation;
• maintaining a record of consideration of applications for participation in the auction;
• conducting an open auction procedure, except for an electronic auction;
• maintaining a protocol of the results of an open auction;
• consideration and evaluation of quotation bids;
• determination of the winner and second participant in the procurement by requesting quotations;
• maintaining minutes of consideration and evaluation of quotation bids;
• selection of a supplier (contractor, performer) in case of placing an order with a single supplier (contractor, performer).

Along with the main functions, by decision of the Customer, members of the Commission may be assigned the function of ensuring/monitoring the timely implementation by the Customer of the following activities:

• development, approval by the Customer and issuance to procurement participants of procurement documentation, texts of requests for quotation;
• placement of information (notification of an open tender, open auction, request for quotation; procurement documentation; notification of changes and additions to the procurement documentation, notification of a request for quotation; clarification of procurement documentation, other information) on the Customer’s website in the information and telecommunications network " Internet" in the "Purchases" section www.zakupki.gov.ru;
• clarification of the provisions of the procurement documentation, making changes to them;
• acceptance and registration of applications for participation in open competition and open auction;
• acceptance and registration of quotation bids;
• notification of participants in the procurement procedure about recognition as participants in a competition, auction or about non-admission to participation in a competition, auction;
• audio recording of the auction procedure;
• signing of all protocols of the procurement procedure by the Customer;
• maintaining auction minutes;
• signing of the Auction Protocol by the Customer;
• responses to requests from procurement participants for clarification of procurement results;
• storage of procurement documentation, changes made to procurement documentation, explanations of documentation, applications for participation in procurement, protocols and acts drawn up during the procurement on paper, audio recordings of the auction for three years from the date of completion of the procurement procedure.

Storage of information in electronic form about completed purchases, a procurement plan, and a report on completed purchases on the Customer’s website is carried out for a year or during the term of the contract, if the term of the contract is more than one year.
Rights and obligations of the Procurement Commission, its individual members. The procurement commission is obliged to:

• check the compliance of procurement participants with the requirements imposed on them established by the legislation of the Russian Federation, procurement regulations, procurement documentation;
• do not allow the procurement participant to participate in the procurement procedure in cases established by the legislation of the Russian Federation, the Procurement Regulations, and procurement documentation;
• provide assistance to the Customer, an authorized body or a specialized organization in exercising control through scheduled and unscheduled inspections over the commission’s compliance with the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation;
• not to negotiate with participants in the procurement procedure before the procurement or during the procurement procedure, except in cases established by the legislation of the Russian Federation and the Procurement Regulations;
• include explanations of the provisions of the documents and applications submitted by them for participation in the procurement procedure submitted by procurement participants into the protocol of opening envelopes;
• carry out the procurement procedure in accordance with the current legislation of the Russian Federation, Procurement Regulations, procurement documentation;

The Commission has the right to reject an application to participate in the procurement procedure if: the application was received after the deadline; the application does not meet the requirements for procurement participants established in the procurement documentation, as well as the requirements of the legislation of the Russian Federation, the price offer of the application exceeds the maximum contract price, the fact that the procurement participant provided false information was established.
The Commission has the right to recognize the procurement procedure as failed if: there are no applications for participation in the procurement; all applications submitted by participants do not meet the established requirements; one application for participation in a competition or auction has been submitted; one quotation bid has been submitted, including after the deadline has been extended; after reviewing applications for compliance with established requirements, one application remains; when conducting an open auction/auction in electronic form, the purchase price was reduced to 0 or more; none of the participants in the open auction/auction in electronic form made price offers.
To perform the functions assigned to it, the commission has the right:

• consider at a meeting issues within the competence of the commission and make decisions if at least fifty percent of the total number of its members are present at the meeting;
• develop the work regulations of the commission;
• involve experts and consultants in the work, create expert councils for the purpose of studying and analyzing the quality of supplied products;
• request and receive, in accordance with the procedure established by the legislation of the Russian Federation and the Procurement Regulations, information necessary for the work of the commission from government authorities, the Customer and procurement participants;
• require procurement participants to provide explanations of the provisions of their submitted applications for participation in a competition, auction, request for quotations, including applications submitted in electronic form, when registering these applications and during the procurement procedure.

Members of the Commission are obliged: know and be guided in their activities by the requirements of the legislation of the Russian Federation, the Regulations on the procurement of goods, works and services of the Customer, and other local regulations of the Customer related to the procurement of goods, works and services; personally attend meetings of the Commission; absence from meetings of the Commission is permitted only for a valid reason; comply with the rules for reviewing, evaluating and comparing applications for participation in the competition; comply with the rules for considering applications for participation in the auction and selecting auction participants; comply with the rules for consideration and evaluation of quotation bids; not to allow disclosure of information that became known to them during procurement procedures, except in cases provided for by the legislation of the Russian Federation.
Members of the Commission have the right: get acquainted with all documents and information submitted for consideration that make up the application for participation in the procurement procedure; speak on agenda items at Commission meetings; check the correctness of the contents of the protocol for considering applications for participation in the competition, the protocol for considering applications for participation in the auction, the protocol for considering and evaluating quotation bids, including the correctness of how your speech is reflected in these protocols, express your dissenting opinion in writing, which is attached to the protocol for opening envelopes, protocol for the consideration of applications for participation in the competition, protocol for the evaluation and comparison of applications for participation in the competition, protocol for the consideration of applications for participation in the auction, protocol for the auction, protocol for the consideration and evaluation of quotation applications, depending on the issue on which it is stated.
Members of the Commission: carry out work to develop the Customer’s procurement documentation, coordinate the Customer’s procurement documentation; attend meetings of the Commission and make decisions on issues within the competence of the Commission; carry out consideration, evaluation and comparison of applications for participation in the competition, consideration of applications for participation in the auction and selection of auction participants, consideration and evaluation of quotation applications in accordance with the requirements of the current legislation, Procurement Regulations, procurement documentation; sign the protocol for opening the envelopes, the protocol for the consideration of applications for participation in the competition and the protocol for the evaluation and comparison of applications for participation in the competition, the protocol for the consideration of applications for participation in the auction and the protocol for the auction, the protocol for the consideration and evaluation of quotation bids, the protocol for concluding an agreement with a single supplier (contractor, performer); consider clarifications of the provisions of documents and applications for participation in procurement; take part in determining the winner of a tender or request for quotation, including through discussion and voting; carry out other actions in accordance with the legislation of the Russian Federation, the Procurement Regulations.
General management of the work of the Commission is carried out by the Chairman of the Commission, or a person replacing him.
Rules of work of the Commission: The work of the Commission is carried out at meetings; a meeting of the Commission is considered valid if at least fifty percent of the total number of its members are present. Meetings of the commission are held as necessary. Members of the commission, as well as persons invited to the meeting, are notified in advance of the place, date and time of the commission meeting. The work of the commission is led by the chairman of the commission, and in his absence - by the deputy chairman of the commission. Decisions of the Commission are made by a simple majority of votes from the number of members present at the meeting. In case of equality of votes, the vote of the chairman of the commission is decisive. When voting, each member of the commission has one vote. The voting form is open. Absentee voting, as well as commission members delegating their powers to other persons, is not allowed.
Responsibility of the procurement commission. The commission is responsible for the timely and high-quality performance of its duties. Members of the commission do not have the right to: conduct any negotiations with procurement participants, allow damage to envelopes with competitive bids until they are opened, impose additional requirements on procurement participants in addition to those established by the legislation of the Russian Federation and the Procurement Regulations, issue procurement documentation to procurement participants before the publication of the notice of the procurement procurement. Members of the Commission and invited experts do not have the right to disseminate information constituting state, official or commercial secrets that became known to them during the procurement process. In case of failure to perform or improper performance of duties, as well as in violation of the legislation of the Russian Federation, the Commission bears disciplinary, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
The procedure for forming procurement commissions in order to identify suppliers (contractors, performers) for first-level procurement customers. The Moscow City Department for Competition Policy forms an Interdepartmental City Procurement Commission in accordance with its structural composition.
The operating procedure of the Interdepartmental City Commission for procurement is approved by the Moscow City Department for Competition Policy. When carrying out second-level procurement, customers create procurement commissions in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement and legal acts of the city of Moscow establishing requirements for compositions, types and number of procurement commissions, and also approve the regulations on the procurement commissions based on the standard regulations on second-level procurement commissions, approved by the Moscow City Department for Competition Policy.
Procurement commissions of the first and second levels must include at least 50 percent of specialists who have undergone professional retraining or advanced training in the field of procurement.
The procedure for the formation and maintenance of the Register of state civil servants of the city of Moscow, filling positions of the state civil service of the city of Moscow related to the preparation and placement of orders for the supply of goods, performance of work, provision of services for the state needs of the city of Moscow, and (or) being members of competitive (auction) commissions for placing an order for the city of Moscow are determined by the Moscow Government.
The procedure for assessing the effectiveness of the activities of state civil servants of the city of Moscow, filling positions of the state civil service of the city of Moscow related to the preparation and placement of orders for the supply of goods, performance of work, provision of services for the state needs of the city of Moscow, and (or) who are members of competition (auction) commissions for placing an order for the city of Moscow, as well as the procedure for their incentives based on the results of such an assessment are determined by the Moscow Government.

List of sources and literature used

1. Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (as amended by Federal Law No. 396-FZ dated December 28, 2013).
2. Letter of the Ministry of Economic Development of the Russian Federation dated November 8, 2013 No. OG-D28-15539 “On clarification of the provisions of the Federal Law dated April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to ensure government and municipal needs".
3. Letter of the Ministry of Economic Development of the Russian Federation dated September 23, 2013 No. D28i-1070 “On clarification of the provisions of the Federal Law dated April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs "
4. Letter of the Ministry of Economic Development of the Russian Federation dated December 31, 2013 No. D28i-2420 “On clarification of the provisions of the Federal Law dated April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs "
5. Decree of the Moscow Government dated February 24, 2012 No. 67-PP “On the procurement system of the city of Moscow.”
6. Decree of the Moscow Government dated May 29, 2012 No. 244-PP “On measures to implement the Moscow Government Decree dated February 24, 2012 No. 67-PP.”
7. Order of the Moscow City Department for Competition Policy dated April 28, 2012 No. 70-01-49/12 “On approval of the Regulations on commissions for placing an order of the City of Moscow for the supply of goods, performance of work, provision of services for the needs of the Moscow City Department for Competition policy and Regulations on the Interdepartmental City Competition (Auction) Commission for the Placement of Orders of the City of Moscow.”

1. To determine suppliers (contractors, performers), with the exception of purchasing from a single supplier (contractor, performer), the customer creates a procurement commission (hereinafter in this article - the commission).

2. The decision to create a commission is made by the customer before the start of the procurement. At the same time, the composition of the commission and the procedure for its work are determined, and the chairman of the commission is appointed.

2.1. The specifics of creating a competition commission when making purchases for the provision of services of a specialized depository and trust management of pension savings funds are established by Article 19 of the Federal Law of July 24, 2002 N 111-FZ “On investing funds to finance the funded part of the labor pension in the Russian Federation.”

3. The customer may create competitive, auction, quotation commissions, commissions for the consideration of applications for participation in the request for proposals and final proposals and unified commissions that carry out the functions of procurement through tenders, auctions, requests for quotations, requests for proposals. The number of members of the competitive, auction or single commission must be at least five people, the number of members of the quotation commission, the commission for reviewing applications for participation in the request for proposals and final proposals must be at least three people.

4. When holding competitions for concluding contracts for the creation of works of literature or art, performance (as a result of intellectual activity), for financing the distribution or screening of national films, the competition commissions must include persons of creative professions in the relevant field of literature or art. The number of such persons must be no less than fifty percent of the total number of members of the competition commission.

5. The customer includes in the commission primarily persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object.

6. Members of the commission cannot be individuals who were involved as experts in conducting an expert assessment of competition documentation, applications for participation in the competition, carried out during pre-qualification selection, assessing the compliance of competition participants with additional requirements, or individuals who are personally interested in the results of identifying suppliers (contractors, performers), including individuals who submitted applications to participate in such determination or who are on the staff of organizations that submitted these applications, or individuals who are able to be influenced by procurement participants (including individuals who are participants (shareholders) of these organizations, members of their management bodies, creditors of these procurement participants), or individuals who are married to the head of the procurement participant, or who are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half (having a common father or mother) brothers and sisters), adoptive parents of the head or adopted by the head of the procurement participant, as well as officials of the control body in the field of procurement directly exercising control in the field of procurement. If the specified persons are identified in the commission, the customer who made the decision to create the commission is obliged to immediately replace them with other individuals who are not personally interested in the results of identifying suppliers (contractors, performers) and who are not able to be influenced by procurement participants, as well as individuals persons who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement.

7. Replacing a commission member is allowed only by decision of the customer who made the decision to create the commission.

8. The commission is authorized to carry out its functions if at least fifty percent of the total number of its members are present at the meeting of the commission. Members of the commission must be promptly notified by the chairman of the commission about the place, date and time of the meeting of the commission. Decision-making by members of the commission through absentee voting, as well as delegation of their powers to other persons, is not permitted.

9. A decision of the commission made in violation of the requirements of this Federal Law may be appealed by any procurement participant in the manner established by this Federal Law and declared invalid by a decision of the control body in the field of procurement.

ADMINISTRATION OF THE MUNICIPAL DISTRICT NORTH IN THE CITY OF MOSCOW

ORDER

On approval of the regulations on the single commission for the procurement of goods, works, services for the needs of the administration of the Severny municipal district, the composition of the single commission and the implementation of Federal Law 04/05/2013 N 44-FZ

In order to implement the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs":

1. Determine the official website of the Russian Federation on the Internet www.zakupki.gov.ru for posting information about placing orders, publishing procurement plans, procurement schedules, notifications about those carried out by the administration of the Severny Municipal District and other information provided for by the Federal Law of 05.04. 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs".

2. Approve the Regulations on the Unified Commission for the procurement of goods, works, services for the needs of the administration of the Northern Municipal District (Appendix 1).

3. Approve the composition of the Unified Commission for the procurement of goods, works, services for the needs of the administration of the Severny municipal district (Appendix 2).

4.1. Order of the municipality of the intra-city municipal formation Severnoye in the city of Moscow dated 05/16/2011 N 35 “On the implementation of the Federal Law of 07/21/2005 N 94-FZ”.

4.2. Order of the administration of the Severny municipal district dated July 10, 2013 No. 41 “On introducing amendments to the order of the municipality of the intracity municipal formation in the city of Moscow dated May 16, 2011 No. 35.”

4.3. Order of the administration of the Severny municipal district dated 04/16/2014 N 25 “On introducing amendments to the order of the municipality of the intra-city municipal formation Severny in the city of Moscow dated 05/16/2011 N 35 (as amended by order dated 07/10/2013 N 41).

5. Entrust control over the implementation of this order to the head of the Northern municipal district, G.S. Solovyova.

Head of the Northern Municipal District
G.S. Solovyova

Appendix 1. Regulations on the Unified Commission for the procurement of goods, works, services to meet the municipal needs of the administration of the Northern Municipal District

Annex 1

dated January 25, 2016 N 3

1. GENERAL PROVISIONS

1.1. These Regulations define the goals, objectives and functions of the Unified Commission for the procurement of goods, works, services to meet the municipal needs of the administration of the Northern Municipal District, through competitions (open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation , closed two-stage competition), auctions (auction in electronic form (hereinafter - electronic auction), closed auction), requests for quotations, requests for proposals (hereinafter - the Unified Commission in the appropriate case), requirements for the composition, procedure for the formation and work of the Unified Commission, powers and the scope of responsibility of the members of the Unified Commission.

2. LEGAL REGULATION

2.1. The Unified Commission in its activities is guided by:

- the Constitution of the Russian Federation;

- Civil Code of the Russian Federation;

- Budget Code of the Russian Federation;

- Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works and services to meet state and municipal needs”;

Other federal laws regulating relations aimed at meeting municipal needs;

Other regulatory legal acts of the Russian Federation and the city of Moscow;

By these Regulations.

3. GOALS AND OBJECTIVES OF THE UNITED COMMISSION

3.1. A single commission is created in order to identify suppliers (contractors, performers) during competitions, auctions, requests for quotations, requests for proposals, including for the implementation of:

3.1.1. checking the compliance of procurement participants with the uniform requirements and additional requirements for procurement participants specified in the notice of procurement and procurement documentation;

3.1.2. consideration and evaluation of applications for participation in competitions, including for conducting a discussion of participants’ proposals at the first stage of a two-stage competition;

3.1.3. consideration of applications for participation in the auction;

3.1.4. consideration and evaluation of applications for participation in the request for quotations, as well as for rejecting applications for participation in the request for quotations;

3.1.5. review and evaluation of applications for participation in the request for proposals and final proposals, removal of participants in the request for proposals.

3.2. Based on the goals of the activities of the Unified Commission, defined in subsection 3.1 of these Regulations (hereinafter, references to sections, subsections, paragraphs and subparagraphs refer exclusively to these Regulations, unless otherwise indicated next to such a link), the tasks of the Unified Commission include:

3.2.1. ensuring objectivity and impartiality when considering and evaluating applications for participation in competitions, auctions, requests for quotations, requests for proposals;

3.2.2. creation of equal conditions of competition for potential participants in competitions, auctions, requests for quotations, requests for proposals;

3.2.3. compliance with the principles of openness, transparency of information about the contract system in the field of procurement, ensuring competition, professionalism of customers, stimulating innovation, unity of the contract system in the field of procurement, responsibility for the effectiveness of meeting state and municipal needs, efficiency of procurement;

3.2.4. maintaining the confidentiality of information contained in the applications of procurement participants;

eliminating opportunities for abuse and corruption in procurement.

4. PROCEDURE FOR FORMING A UNITED COMMISSION

4.1. The Unified Commission is a collegial body of the administration of the Northern municipal district, based on a temporary or permanent basis.

4.2. The personnel of the Unified Commission is approved by order of the administration of the Northern Municipal District before the start of the procurement.

4.3. The unified commission is formed primarily from among persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object.

4.4. The Unified Commission consists of the Chairman and other members of the Unified Commission. The Unified Commission consists of at least five people - members of the Unified Commission. The Chairman is a member of the Unified Commission. By decision of the customer, authorized body, authorized institution within the Unified Commission, the position of secretary of the Unified Commission may also be approved. If such a position is not provided, then the functions of the secretary of the Unified Commission in accordance with these Regulations are performed by any member of the Unified Commission authorized to perform such functions by the Chairman.

4.5. When holding competitions for concluding contracts for the creation of works of literature or art, performance (as a result of intellectual activity), for financing the distribution or screening of national films, the Unified Commission should include persons of creative professions in the relevant field of literature or art. The number of such persons must be no less than fifty percent of the total number of members of the Unified Commission.

4.6. Members of the Unified Commission cannot be:

4.6.1. individuals who were involved as experts in conducting an expert assessment of competition documentation, applications for participation in the competition, carried out during the prequalification selection, assessing the compliance of competition participants with additional requirements;

4.6.2. individuals who are personally interested in the results of identifying suppliers (contractors, performers), including individuals who submitted applications to participate in such determination or are on the staff of organizations that submitted these applications;

4.6.3. individuals who are capable of being influenced by procurement participants (including individuals who are participants (shareholders) of these organizations, members of their management bodies, creditors of procurement participants);

4.6.4. individuals who are married to the head of the procurement participant;

4.6.5. individuals who are close relatives (relatives in a direct ascending and descending line (parents and children, grandparents and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters), adoptive parents of a manager or adopted by the head of a procurement participant;

4.6.6. officials of control bodies in the field of procurement directly exercising control in the field of procurement.

4.7. If the persons specified in subsection 4.6 are identified in the Unified Commission, the customer, authorized body, authorized institution that made the decision to create the Unified Commission must immediately replace them with other individuals who are not personally interested in the results of identifying suppliers (contractors, performers) and which procurement participants are not able to influence, as well as individuals who are not directly exercising control in the field of procurement by officials of control bodies in the field of procurement.

4.8. The replacement of a member of the Unified Commission is approved by order of the administration of the Severny municipal district, which decided to create the Unified Commission.

5. RIGHTS AND OBLIGATIONS OF THE UNITED COMMISSION

5.1. When making procurements, the Unified Commission has the right:

5.1.1. contact the customer, authorized body, authorized institution for clarification on the subject of procurement;

5.1.2. contact the customer, authorized body, authorized institution with the requirement to immediately request information from the relevant authorities and organizations:

On the liquidation of a procurement participant - a legal entity and the absence of a decision of the arbitration court on recognizing the procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings;

On suspension of the activities of a procurement participant in the manner established by the Code of the Russian Federation on Administrative Offences;

On whether the procurement participant has arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (except for amounts for which a deferment, installment plan, investment tax credit have been granted in accordance with the legislation of the Russian Federation on taxes and fees, which have been restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into legal force recognizing the applicant’s obligation to pay these amounts as fulfilled and which are recognized as hopeless for collection in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the book value of the assets of the procurement participant according to the financial statements for the last completed reporting period;

On whether the procurement participant - an individual or the manager, members of the collegial executive body or chief accountant of the procurement participant - a legal entity has a criminal record for crimes in the economic sphere (with the exception of persons who have such a criminal record expunged or withdrawn), as well as on the application in relation to specified individuals are punished in the form of deprivation of the right to occupy certain positions or engage in certain activities related to the supply of goods, performance, work, provision of services that are the object of the procurement, and administrative punishment in the form of disqualification;

5.1.3. if necessary, require the customer, authorized body, authorized institution to involve experts (expert organizations) in their work in cases and in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

5.2. When making procurements, the Unified Commission is obliged to:

5.2.1. not to negotiate with procurement participants regarding applications for participation in determining the supplier (contractor, performer), final proposals, including in relation to applications, final proposals submitted by such participants, until the winners of these determinations are identified, except in cases provided for by the legislation of the Russian Federation Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

5.2.2. in cases provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, remove the procurement participant from participation in determining the supplier (contractor, performer);

5.2.3. comply with the orders of control bodies in the field of procurement to eliminate violations of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.

5.3. When carrying out procurement through a competition, the Unified Commission is obliged to:

5.3.1. open envelopes with applications for participation in an open competition and (or) open access to applications submitted in the form of electronic documents for participation in an open competition on the same day;

5.3.2. immediately before opening envelopes with applications for participation in an open competition and (or) opening access to applications submitted in the form of electronic documents for participation in an open competition or in the case of an open competition for several lots before opening such envelopes and (or) opening access to submitted in the form of electronic documents in relation to each lot of applications for participation in an open competition, announce to the participants of the competition present at the opening of such envelopes and (or) opening of the specified access, about the possibility of submitting applications for participation in an open competition, changing or withdrawing submitted applications for participation in an open competition competition before opening such envelopes and (or) opening the specified access; simultaneously announce the consequences of submitting two or more applications for participation in the competition by one participant in the competition;

5.3.3. immediately after opening envelopes with applications for participation in an open competition and (or) opening access to applications submitted in the form of electronic documents for participation in an open competition, draw up and sign a protocol for opening envelopes with applications for participation in an open competition and opening access to applications submitted in electronic form documents for applications for participation in an open competition;

5.3.4. within a period not exceeding twenty days from the date of opening the envelopes with applications for participation in the competition and (or) opening access to applications for participation in the competition submitted in the form of electronic documents, consider and evaluate applications for participation in the competition in the manner contained in the competition documentation and established in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

5.3.5. evaluate applications for participation in the competition based on the criteria and in the manner contained in the competition documentation and established in accordance with the procedure for evaluating applications established by the Government of the Russian Federation;

5.3.6. based on the results of the evaluation of applications for participation in the competition, assign a serial number to each application for participation in the competition in order of decreasing degree of profitability of the contract execution conditions contained therein;

5.3.7. directly on the day of completion of the consideration and evaluation of applications for participation in the competition, draw up and sign a protocol for the consideration and evaluation of applications for participation in the competition;

5.3.8. when conducting a two-stage tender, within a period of no more than twenty days from the date of opening the envelopes with the initial applications for participation in such a competition and opening access to the initial applications for participation in such a competition submitted in the form of electronic documents, discuss the proposals of the participants in such a competition in relation to the procurement object contained in their applications for participation in the two-stage competition;

5.3.9. immediately after the end of the first stage of the two-stage competition, draw up and sign the protocol of the first stage of the two-stage competition;

5.3.10. at the second stage of a two-stage competition, invite all participants in the two-stage competition who took part in the first stage to submit final applications for participation in the two-stage competition indicating the contract price, taking into account the procurement conditions specified after the first stage of such a competition;

5.3.11. when evaluating applications for participation in the competition, take into account the benefits in favor of institutions and enterprises of the penal system and organizations of disabled people who are participants in procurement, in the manner established by the Government of the Russian Federation;

5.3.12. take into account the specifics of holding a competition with limited participation, established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

5.3.13. take into account the specifics of conducting a closed competition, a closed competition with limited participation, a closed two-stage competition, established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

5.4. When making purchases through an electronic auction, the Unified Commission is obliged to:

5.4.1. within a period not exceeding seven days from the deadline for filing applications for participation in the electronic auction, check the first parts of such applications for compliance with the requirements established by the documentation on the electronic auction in relation to the purchased goods, works, services;

5.4.2. on the day the consideration of the first parts of applications for participation in the electronic auction ends, draw up and sign a protocol for the consideration of applications for participation in the electronic auction;

5.4.3. within a period not exceeding three working days from the date of posting the protocol of the electronic auction on the electronic platform, consider the second parts of applications for participation in the electronic auction, as well as documents sent by the operator of the electronic platform in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods , works, services to meet state and municipal needs, in terms of compliance with their requirements established by the documentation on the electronic auction;

5.4.4. when considering the second parts of applications for participation in an electronic auction, make a decision on the compliance or non-compliance of an application for participation in an electronic auction with the requirements established by the documentation on the electronic auction, in the manner and on the grounds provided for in accordance with the legislation of the Russian Federation on the contract system in the field procurement of goods, works, services to meet state and municipal needs;

5.4.5. immediately on the day of completion of consideration of the second parts of applications for participation in the electronic auction, draw up and sign a protocol for summing up the results of the electronic auction.

5.5. When carrying out procurement through a closed auction, the Unified Commission is obliged to:

5.5.1. within a period not exceeding ten days from the deadline for filing applications for participation in a closed auction, consider applications for participation in a closed auction in terms of compliance with their requirements established by the documentation for a closed auction;

5.5.2. on the day the consideration of applications for participation in a closed auction ends, draw up and sign a protocol for considering applications for participation in a closed auction;

5.5.3. be present during a closed auction;

5.5.4. register participants in a closed auction or their representatives immediately before the start of a closed auction;

5.5.6. immediately on the day of the closed auction, sign the protocol of the closed auction.

5.6. When making purchases through a request for quotation, the Unified Commission is obliged to:

5.6.1. within one working day following the deadline for filing applications for participation in the request for quotation, open envelopes with such applications and (or) open access to applications submitted in the form of electronic documents for participation in the request for quotation, consider such applications in terms of their compliance requirements established in the notice of request for quotation, and evaluate such applications;

5.6.2. immediately before opening the envelopes with applications for participation in the request for quotations and (or) opening access to such applications submitted in the form of electronic documents, announce to the participants in the request for quotations present at the opening of these envelopes and (or) opening access to such applications submitted in the form of electronic documents, on the possibility of submitting applications for participation in the request for quotations before opening the envelopes with such applications and (or) opening access to such applications submitted in the form of electronic documents;

5.6.3. not to consider and reject applications for participation in a request for quotation if they do not meet the requirements established in the notice of a request for quotation, or the price of goods, work or services proposed in such applications exceeds the initial (maximum) price specified in the notice of a request for quotation , or the participant in the request for quotations has not submitted documents and information provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

5.6.4. directly on the day of consideration and evaluation of applications for participation in the request for quotation, draw up and sign a protocol for the consideration and evaluation of applications for participation in the request for quotation;

5.6.5. when evaluating applications for participation in the request for quotation, take into account the advantages in favor of institutions and enterprises of the penal system and organizations of disabled people who are participants in procurement, in the manner established by the Government of the Russian Federation.

5.7. When conducting preliminary selection for the purpose of providing humanitarian assistance or eliminating the consequences of emergency situations of a natural or man-made nature, the Unified Commission is obliged to:

5.7.1. within a period not exceeding ten days from the date of expiration of the deadline for submitting applications for participation in the preliminary selection, consider the submitted applications for participation in the preliminary selection;

5.7.2. make a decision on inclusion or refusal to include a pre-selection participant in the list of suppliers; compile a list of suppliers;

5.7.3. immediately on the day of the expiration of the period for consideration of applications for participation in the preliminary selection, draw up and sign a protocol on the results of consideration of applications for participation in the preliminary selection.

5.8. When conducting a request for quotations for the purpose of providing humanitarian assistance or eliminating the consequences of emergency situations of a natural or man-made nature, the Unified Commission is obliged to:

5.8.1. within one business day following the deadline for filing applications for participation in the request for quotation, consider such applications and make a decision on the compliance or non-compliance of the application for participation in the request for quotation with the requirements established in the request for quotation;

5.8.2. based on the results of the consideration and evaluation of applications for participation in the request for quotations, assign serial numbers to applications for participation in the request for quotations as the contract price proposed in such applications increases in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to ensure state and municipal needs;

5.8.3. directly on the day of consideration and evaluation of applications for participation in the request for quotation, draw up and sign a protocol for the consideration and evaluation of applications for participation in the request for quotation.

5.9. When carrying out procurement through a request for proposals, the Unified Commission is obliged to:

5.9.1. open received envelopes with applications for participation in the request for proposals and (or) open access to applications submitted in the form of electronic documents for participation in the request for proposals, evaluate all applications of participants in the request for proposals based on the criteria specified in the documentation for the request for proposals on the day specified in the notice of a request for proposals;

5.9.2. record applications for participation in the request for proposals in the form of a table and attach them to the minutes of the request for proposals;

5.9.3. announce the terms of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation in the request for proposals, without announcing the participant in the request for proposals who sent such an application;

5.9.4. disqualify participants in the request for proposals who submitted applications that do not meet the requirements established by the documentation for the request for proposals, and not evaluate the applications of such participants;

5.9.5. directly on the day of the request for proposals, draw up and sign the minutes of the request for proposals;

5.9.6. invite all participants in the request for proposals or the participant in the request for proposals who submitted the only application to participate in the request for proposals to send the final proposal;

5.9.7. on the next day after the completion date of the request for proposals, open the envelopes with the final proposals and (or) open access to the final proposals submitted in the form of electronic documents;

5.9.8. on the day after the date of completion of the request for proposals after opening the envelopes with final proposals and (or) opening access to the final proposals submitted in the form of electronic documents, evaluate such proposals in accordance with the criteria specified in the notice of the request for proposals and the documentation for the request for proposals ;

5.9.9. immediately the next day after the completion date of the request for proposals, draw up and sign the final protocol for the request for proposals;

5.9.10. when evaluating applications for participation in the request for proposals, take into account the benefits in favor of institutions and enterprises of the penal system and organizations of disabled people who are participants in procurement, in the manner established by the Government of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE UNIFIED COMMISSION

6.1. Members of the Unified Commission have the right:

6.1.1. get acquainted with all documents and information submitted for consideration that make up the application for participation in the procurement;

6.1.2. speak on agenda items at meetings of the Unified Commission;

6.1.3. check the correctness of the content of the protocols, the execution of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs during procurement, including the correctness of the reflection of your decision in these protocols;

6.1.4. express in writing your special opinion, which is attached to the protocols, the execution of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs during procurement.

6.2. Members of the Unified Commission are obliged to:

6.2.1. know and be guided in their activities by the requirements of the legislation of the Russian Federation and these Regulations;

6.2.2. act within the framework of their powers established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, and these Regulations;

6.2.3. personally attend meetings of the Unified Commission; absence from a meeting of the Unified Commission is permitted only for valid reasons in accordance with the labor legislation of the Russian Federation;

6.2.4. sign protocols, the execution of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs during procurement;

6.2.5. comply with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs for the consideration of applications for participation in procurement;

6.2.6. comply with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs in assessing applications for participation in procurement;

6.2.7. not to allow disclosure of information that has become known to them during procurement procedures, except in cases expressly provided for by the legislation of the Russian Federation.

6.3. Members of the Unified Commission:

6.3.1. attend meetings of the Unified Commission and make decisions on issues within the competence of the Unified Commission by these Regulations and the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

6.3.2. carry out opening of envelopes with applications for participation in competitions and (or) opening access to applications submitted in the form of electronic documents for participation in competitions, consideration and evaluation of applications for participation in competitions, determination of competition winners, draw up and sign a protocol for opening envelopes with applications for participation in an open competition and opening access to applications for participation in an open competition submitted in the form of electronic documents, a protocol for the consideration and evaluation of applications for participation in competitions, a protocol for the first stage of a two-stage competition;

6.3.3. carry out consideration of the first and second parts of applications for participation in an electronic auction, draw up and sign a protocol for considering applications for participation in an electronic auction, a protocol for summing up the results of an electronic auction;

6.3.4. review applications for participation in a closed auction, are present during a closed auction, perform the functions of an auctioneer, draw up and sign a protocol for considering applications for participation in a closed auction, a protocol for conducting a closed auction;

6.3.5. open envelopes with applications for participation in the request for quotation and (or) open access to applications submitted in the form of electronic documents for participation in the request for quotation, consider and evaluate such applications, draw up and sign a protocol for the consideration and evaluation of applications for participation in the request for quotation;

6.3.6. carry out opening of envelopes with applications for participation in the request for proposals and (or) opening access to applications submitted in the form of electronic documents for participation in the request for proposals, consideration and evaluation of proposals for participation in the request for proposals, announce the terms of execution of the contract contained in the application recognized as the best , or the conditions contained in the only application for participation in the request for proposals, open envelopes with final proposals and (or) open access to final proposals submitted in the form of electronic documents, evaluate such proposals, determine the winner of the request for proposals, draw up and sign the protocol of the request proposals, final protocol of the request for proposals;

6.3.7. carry out other actions in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

6.4. Chairman of the Unified Commission:

6.4.1. carries out general management of the work of the Unified Commission and ensures the implementation of these Regulations;

6.4.2. determines the time and place of meetings of the Unified Commission and notifies members of the Unified Commission about the place, date and time of the meeting;

6.4.3. declares the meeting competent or makes a decision to postpone it due to the lack of the required number of members of the Unified Commission;

6.4.4. opens and conducts meetings of the Unified Commission, announces breaks;

6.4.5. announces the composition of the Unified Commission;

6.4.6. appoints a member of the Unified Commission who will open envelopes with applications for participation in tenders, requests for quotations, requests for proposals and open access to applications submitted in the form of electronic documents for participation in tenders, requests for quotations, requests for proposals;

6.4.7. announces information to be announced (disclosed) at the opening of envelopes with applications for participation in tenders, request for quotations, request for proposals and opening access to applications submitted in the form of electronic documents for participation in tenders, request for quotations;

6.4.8. determines the order of consideration of the issues under discussion;

6.4.9. if necessary, submits for discussion to the Unified Commission the issue of involving experts (expert organizations) in the work of the Unified Commission;

6.4.10. carries out other actions in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

6.5. In the absence of the Chairman of the Unified Commission, his duties and functions are performed by another member of the Unified Commission, elected by voting of the members of the Unified Commission by a majority vote.

6.6. The Secretary of the Unified Commission, if he is approved by the decision of the customer, authorized body, authorized institution on the creation of the Unified Commission, or another member of the Unified Commission authorized by the Chairman, carries out actions of an organizational and technical nature in accordance with the legislation of the Russian Federation and these Regulations.

7. FUNCTIONS OF THE UNITED COMMISSION

7.1. Functions of the Unified Commission in procurement through tenders:

7.1.1. opening envelopes with applications for participation in competitions and (or) opening access to applications submitted in the form of electronic documents for participation in competitions;

7.1.2. review and evaluation of applications for participation in the competition;

7.1.3. determining the winner of the competition;

7.1.4. drawing up a protocol for opening envelopes with applications for participation in an open competition and opening access to applications submitted in the form of electronic documents for participation in an open competition;

7.1.5. drawing up a protocol for the consideration and evaluation of applications for participation in the competition;

7.1.6. registration of the protocol of the first stage of a two-stage competition;

7.1.7. other functions established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

7.2. Functions of the Unified Commission in procurement through electronic auctions:

7.2.1. consideration of the first and second parts of applications for participation in the electronic auction;

7.2.2. drawing up a protocol for considering applications for participation in the electronic auction;

7.2.3. drawing up a protocol for summing up the results of the electronic auction;

7.2.4. other functions established by the legislation of the Russian Federation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

7.3. Functions of the Unified Commission in procurement through closed auctions:

7.3.1. consideration of applications for participation in a closed auction;

7.3.2. presence during a closed auction;

7.3.3. performing the functions of an auctioneer;

7.3.4. drawing up a protocol for considering applications for participation in a closed auction;

7.3.5. drawing up a protocol for a closed auction;

7.3.6. other functions established by the legislation of the Russian Federation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

7.4. Functions of the Unified Commission in procurement through request for quotation:

7.4.1. opening envelopes with applications for participation in the request for quotation and (or) opening access to applications submitted in the form of electronic documents for participation in the request for quotation;

7.4.2. consideration and evaluation of applications for participation in the request for quotations;

7.4.3. drawing up a protocol for the consideration and evaluation of applications for participation in the request for quotations;

7.4.4. other functions established by the legislation of the Russian Federation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

7.5. Functions of the Unified Commission in procurement through a request for proposals:

7.5.1. opening envelopes with applications for participation in the request for proposals and (or) opening access to applications submitted in the form of electronic documents for participation in the request for proposals;

7.5.2. review and evaluation of proposals for participation in the request for proposals;

7.5.3. announcement of the terms of the contract contained in the application recognized as the best, or the terms contained in the only application for participation in the request for proposals;

7.5.4. opening envelopes with final proposals and (or) opening access to final proposals submitted in the form of electronic documents;

7.5.5. evaluating final proposals and determining the winner of the request for proposals;

7.5.6. drawing up the protocol for the request for proposals, the final protocol for the request for proposals;

7.5.7. other functions established by the legislation of the Russian Federation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations.

8. PROCEDURE FOR CONDUCTING MEETINGS OF THE UNITED COMMISSION

8.1. The work of the Unified Commission is carried out at its meetings. The Unified Commission is authorized to exercise its functions if at least fifty percent of the total number of its members is present at the meeting.

8.2. Decisions of the Unified Commission are made by a simple majority of votes from the number of members present at the meeting. When voting, each member of the Unified Commission has one vote. Voting is open. Decision-making by members of the Unified Commission by absentee voting, as well as delegation of their powers to other persons, is not permitted.

8.3. The time and place of meetings of the Unified Commission are determined by the Chairman of the Unified Commission. The Chairman of the Unified Commission, no later than two days before the date of the meeting of the Unified Commission, notifies the members of the Unified Commission about the place, date and time of the meeting of the Unified Commission.

8.4. Meetings of the Unified Commission are opened and closed by the Chairman of the Unified Commission.

8.5. The customer, authorized body, authorized institution, which decided to create the Unified Commission, are obliged to organize logistical support for the activities of the Unified Commission, including providing a room convenient for holding meetings, audio recording equipment, office equipment and an office.

8.6. When performing its functions, the Unified Commission interacts with the customer, authorized body, authorized institution, procurement participants in the manner established by the legislation of the Russian Federation and these Regulations.

9. RESPONSIBILITY OF MEMBERS OF THE UNITED COMMISSION

9.1. Members of the Unified Commission guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and these Regulations bear disciplinary, civil, administrative, and criminal liability in accordance with legislation of the Russian Federation.

9.2. A member of the Unified Commission who has committed a violation of the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and (or) these Regulations may be replaced by decision of the customer, authorized body, authorized institution , as well as by order of the control body in the field of procurement issued to the customer, authorized body, authorized institution by the named body.

9.3. If a member of the Unified Commission becomes aware of a violation by another member of the Unified Commission of the legislation of the Russian Federation, other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and (or) these Regulations, he must notify in writing about this to the Chairman of the Unified Commission and (or) the customer, authorized body, authorized institution within one day from the moment he learned about such a violation.

9.4. Members of the Unified Commission do not have the right to disseminate information constituting state, official or commercial secrets that became known to them in the course of performing their functions.

9.5. The decision of the Unified Commission, taken in violation of the requirements of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, can be appealed by any procurement participant in the manner established by the specified federal law, and declared invalid by decision of the control body in the field of procurement.

Appendix 2. Composition of the Unified Commission for the procurement of goods, works, services for the needs of the administration of the Northern Municipal District

Appendix 2
to the order of the administration of the Northern municipal district
dated January 25, 2016 N 3

Chairman of the commission:

Glebov Alexander Sergeevich Deputy Head of Administration of the Northern Municipal District

Secretary of the commission:

Terekhova Svetlana Vladimirovna Advisor for Organizational Work of the Administration of the Northern Municipal District

Members of the commission:

Podrezova Nina Alekseevna Chief Accountant - Head of the Accounting Department of the Administration of the Severny Municipal District

Svetlana Valerievna Kolganova, Head of the Sector for Organizational Work of the Administration of the Northern Municipal District

Solovyova Galina Sergeevna Head of the Northern Municipal District