The government customer is not obliged to use a standard contract if it only purchases vehicle repairs. Repair of machinery and equipment under the contract system Contract 44 Federal Law for the provision of car repairs
The conditions for the purchase of such “extraordinary goods” in the law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter 44-FZ) are regulated by Part 2 of Art. 42: if, when concluding a contract, the scope of work to be performed on maintenance and (or) repair of machinery, equipment, provision of communication services, legal services, medical services, educational services, services catering, translation services, services for the transportation of goods, passengers and luggage, hotel services, assessment services cannot be determined in the procurement notice and procurement documentation the customer specifies the price of spare parts unit price of work or service. If the contract provides for the performance of work related to regular transportation by road transport and urban ground electric transport, payment for such a contract is allowed based on the actual volume of these works performed, but not exceeding the volume of work to be performed in accordance with the contract. At the same time, the notice of procurement and procurement documentation must indicate that payment for the performance of work or provision of a service is carried out at the price of a unit of work or service based on the volume of work actually performed or service provided, at the price of each spare part for machinery, equipment based on the number of spare parts that will be supplied during the execution of the contract, but in an amount not exceeding the initial (maximum) contract price specified in the procurement notice and procurement documentation.
not the contract price, and the total price of spare parts for machinery, equipment, unit price of work or service
total price spare parts for equipment, equipment; most low price units of work or maintenance service lowest price per unit of service(Part 17, Article 68 of Law No. 44-FZ).
three initial values:
Be sure to inform the auction participants in the documentation
It is important to indicate in the documentation
exclusively
(letter of the Ministry of Economic Development of Russia dated November 30, 2015 No. D28i-3511).
What to do when the volume of procurement services cannot be calculated in advance
There are categories of works and services with a scope that cannot be established at the time the contract is concluded.
Let’s assume that you need to purchase maintenance or repair work for equipment and you don’t know what will break during the financial year.
The conditions for the purchase of such “extraordinary goods” in the law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter 44-FZ) are regulated by Part 2 of Art. 42: if, when concluding a contract, the scope of work to be performed works on maintenance and (or) repair of machinery, equipment, provision of communication services, legal services, medical services, educational services, catering services, translation services, services for the transportation of goods, passengers and luggage, hotel services, assessment services it is impossible to determine in the notice of procurement and procurement documentation the customer specifies the price of spare parts or every spare part for machinery, equipment, unit price of work or service. If the contract provides for the performance of work related to the implementation of regular transportation by road and urban ground electric transport, payment for such a contract is allowed based on the actual volume of these works performed, but not exceeding the volume of work to be performed in accordance with the contract. At the same time, the notice of procurement and procurement documentation must indicate that payment for the performance of work or provision of a service is carried out at the price of a unit of work or service based on the volume of work actually performed or service provided, at the price of each spare part for machinery, equipment based on the number of spare parts that will be supplied during the execution of the contract, but in an amount not exceeding the initial (maximum) contract price specified in the notice of procurement and procurement documentation.
That is, the contract price remains unchanged. It is indicated in the notice, and the contract must be concluded at this price; the subject of the contract is the provision of services or performance of work, and the goods are used in the provision of these services; the contract amount should not exceed the allocated budget limits that you indicated in the schedule and procurement notice; you form a price per unit of goods, services (works) based on information on market prices of identical goods, works, services planned for purchase (Article 22 44-FZ). The price must be obtained from at least two entities operating in a given product market.
As a result of the procurement procedure, the not the contract price, and the total price of spare parts for machinery, equipment, unit price of work or service(Part 17, Article 68 of Law No. 44-FZ).
Since it is impossible to determine in advance the specific parts of cars that will break, make a list of all spare parts, down to the smallest bolts and washers. Add to this information a list consumables, which will be used during repairs. And also the cost of a standard hour of repairing your brand of car. It is precisely under these given conditions that we request commercial offers and form and calculate the initial price of the contract.
The participant who offered the lowest contract price is the person who offered: the lowest total price spare parts for equipment, equipment; lowest price per unit of work or maintenance service and repair of machinery and equipment; lowest price per unit of service(Part 17, Article 68 of Law No. 44-FZ).
Thus, to conduct an auction for maintenance and (or) repair of machinery and equipment, the customer must install three initial values: NMCC; the total initial (maximum) price of spare parts and consumables; the initial (maximum) price of a unit of work (service). The auction will be held to reduce unit prices for work and services and unit prices of spare parts. Once again, please note that the contract is concluded at the initial (maximum) price, and is executed at reduced unit prices. These amounts must be indicated in the notice.
Be sure to inform the auction participants in the documentation that payment will be made at the price of a unit of service based on the actual volume provided. And also at the price of each spare part based on the quantity supplied. In this case, the amount of payment will not exceed the NMCC specified in the notice and documentation.
For example, you can formulate the notice paragraph as follows: “In accordance with Art. 42 of Law No. 44-FZ, payment for the performance of work or the provision of a service is carried out at the price of a unit of work or service based on the volume of work actually performed or service provided, at the price of each spare part for machinery and equipment based on the number of spare parts that will be supplied during execution of the contract, but in an amount not exceeding the NMTsK specified in the notice of procurement and procurement documentation.”
It is important to indicate in the documentation that the unit price will be calculated after the winner is determined using the price reduction factor. The formula for its calculation is as follows: K = Tsea ÷ Ttot, where: Tsea is the total price of spare parts and consumables used in repairs and the price of one man-hour of work offered by the auction winner; Total - the sum of the total initial (maximum) price of spare parts, consumables and the price of one man-hour of work, indicated in the notice and documentation of the auction. The prices of units of the supplied goods, works, services are recalculated by multiplying the resulting coefficient by the initial (maximum) price of a unit of goods, works, services specified in the auction documentation. This must be done for each position of the technical specification. Similarly, by multiplying by the reduction factor, the price of one man-hour of maintenance and repair work is calculated. When making calculations, the obtained values are rounded to two decimal places after the decimal point according to the mathematical rules of rounding.
Purchasing of services is carried out according to the same principle cellular communication(offers from different operators for single tariffs for incoming and outgoing calls within the network, to phones of other operators, other regions of Russia, SMS messages and other services); services for maintenance and repair of computer and copying equipment; motor transport services for the transportation of passengers (taking into account the type of car, the cost of 1 km, the cost of 1 hour of waiting, the number of cars and other data); medical services (pre-trip and post-trip examination of employees assigned to official vehicles; medical examinations employees), as well as other services specified in clause 2 of Art. 42 of Law No. 44-FZ.
Please note that the Customer has the right to indicate in the notice the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service, as well as NMCC exclusively when purchasing works and services directly specified in clause 2 of Art. 42 of Law No. 44-FZ
(letter of the Ministry of Economic Development of Russia dated November 30, 2015 No. D28i-3511).
The purchase of spare parts under 44-FZ is slightly different from the purchase of ordinary goods, works or services. A spare part is a part that represents component larger product. This part can also be replaced, thereby making a repair.
Often the customer needs to purchase originals. Such bidding is possible provided that it is justified. Equipment that requires these materials usually has technical documentation manufacturer, in which the manufacturer recommends the use of original parts so that the use of third-party materials does not lead to equipment failure.
Please note that when a technical device is on, it is not difficult to justify the purchase of originals, since the company producing this equipment sets out the warranty condition only if original materials were used.
Determining the volume
The customer is not always aware of the need and quantity of required parts. According to Law No. 44-FZ, in cases where it is impossible to determine the exact volume, it is necessary to indicate in the procurement documentation of the contract, as well as the NMCC of each product. Based on practice, customers purchase all parts or those that need to be replaced most often.
These conclusions were confirmed in Letter of the Ministry of Finance No. 24-02-07/79982 dated December 1, 2017.
We draw up technical specifications
We conclude a contract
You can download an example of a contract for the purchase of spare parts on our website using the link below.
How to conduct other government procurements
We also have detailed instructions how to purchase correctly.
Should not be used if the object of purchase is only diagnostics or vehicle maintenance vehicle. A standard contract should only be used for complex procurement of the services listed above. The Ministry of Economic Development thinks so.
We believe that when purchasing in all these cases it is still better to use the wording from standard form. This will allow you to draft the contract correctly and save time.
There is no separate standard contract for vehicle repairs only. According to Law No. 44-FZ, government customers develop draft contracts for the relevant areas of activity independently until standard contracts and conditions are adopted. In accordance with Law No. 44-FZ, federal executive authorities, state corporations Rosatom and Roscosmos can approve them for their areas.
Letter from the Ministry of Economic Development of Russia dated October 27, 2016 N D28i-2847.
Question: On the application and content of a standard contract for the procurement of services for diagnostics, maintenance and repair of vehicles to meet state and municipal needs.
Answer:
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
LETTER
The Department for Development of the Contract System of the Ministry of Economic Development of the Russian Federation considered an appeal for clarification of the procedure for applying a standard contract for the provision of services for diagnostics, maintenance and repair of a vehicle to meet state and municipal needs, approved by Order of the Ministry of Industry and Trade of Russia dated February 20, 2016 N 467 (hereinafter referred to as the Standard Contract ), and reports.
Based on the content of subparagraph "a" of paragraph 2 of the information card of the Model Contract, the Model Contract is applied in the case of a comprehensive procurement of services for diagnostics, maintenance and repair of vehicles without the possibility of changing the list of services included in this procurement object.
Thus, the Model Contract is not applicable if the procurement object is only diagnostics, or only maintenance, or only repair of a vehicle.
2. On the issue of indicating the purpose of the purchase.
In accordance with Part 1 of Article 1 Federal Law dated April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) Law N 44-FZ regulates relations aimed at ensuring state and municipal needs, including in relation to the conclusion of a civil contract, the subject of which is the supply of goods, performance of work, provision of services (including the acquisition of real estate or rental of property) by a budgetary institution in accordance with Part 1 of Article 15 of Law N 44-FZ.
At the same time, taking into account the provisions of Part 1 of Article 12 of Law No. 44-FZ, customers, when planning and implementing procurement in accordance with Law No. 44-FZ, must proceed from the need to achieve specified results in meeting state and municipal needs.
In addition, Article 13 of Law No. 44-FZ provides that in accordance with Law No. 44-FZ, customers make purchases to ensure state needs(federal needs, needs of the subject Russian Federation) and municipal needs.
Thus, contracts concluded within the framework of Law No. 44-FZ, including using the Model Contract, are concluded in order to meet state and municipal needs.
Clause 3.1 of the Model Contract refers to the permanent part of the Model Contract, and therefore it is impossible to make changes to it, including by partial exclusion of certain provisions.
Thus, the condition for attracting a co-executor can be provided for in the technical specification in the form of a variable part with the possibility of making changes and indicating the list of co-executors upon the conclusion of the relevant contracts by the contractor.
We also note that subclause "e" of clause 3.2 of the Standard Contract establishes the obligation of the contractor to provide the customer with information about all co-contractors who have entered into an agreement or contracts with the contractor, the price of which or the total price of which is more than ten percent of the contract price, no later than 10 days from the date of conclusion executor of such contracts.
At the same time, please note that the clarifications of the authority have legal force state power, if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts.
In accordance with the Regulations on the Ministry of Economic Development of Russia, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437, the Ministry of Economic Development of Russia is not vested with the authority to clarify the legislation of the Russian Federation.
Let's analyze the terms of reference for the purchase of services for maintenance and repair of warranty vehicles.
Let's look at the following situation. It is planned to purchase services via . IN terms of reference the following provisions are stated:
Technical and quality characteristics services, procedure for providing services:
The contractor must be an official representative of the manufacturer and have a dealer agreement to carry out the warranty. If the Contractor is not an official dealer, he has the right to involve co-contractors from among official dealers. The Contractor is responsible to the Customer for the consequences of non-fulfillment or improper performance of obligations by sub-contractors.
The maintenance carried out should not lead to the removal of vehicles from the manufacturer's warranty service.
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When executing maintenance The contractor must make notes on the relevant pages of the vehicle’s service book about the completion of maintenance.
The quality of vehicle maintenance must meet the requirements current legislation RF, Decree of the Government of the Russian Federation dated 04/11/2001 No. 290 (as amended on 01/23/2007) “On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles”, GOST R 51709–2001, Federal Law “On Safety” traffic» dated December 10, 1995 No. 196-FZ and should not violate the warranty obligations and operational documentation of the manufacturer.
Maintenance must be performed by the Contractor at a service station located within the city of Rostov-on-Don.
Maintenance must be completed on time, in full, with the required level of quality and meet the Customer’s requirements specified in this documentation.
Service quality requirements:
Read the latest comments on hot topics in the field of public procurement in magazine "Goszakupki.ru"
O.L. Lobanova,
procurement management consultant at the Academy of Industrial Management named after. N.P. Pastukhova, Yaroslavl
Equipment failure causes a lot of problems for any institution. Headache arises not only in terms of finances, but also in terms of management, since it is necessary to quickly redistribute existing workable resources, as well as resolve the issue of organizing repair work.
Special challenges
For budgetary institutions The timing of equipment repair and restoration is determined by the length of procurement procedures, as well as additional procurement restrictions. For example, computer and office equipment broke down; peripheral equipment, air conditioners, vehicles; catering equipment or medical equipment (hereinafter referred to as equipment). How to be and what to do? In fact, the customer has two options.
The first is to solve the problem as it arises. For example, after identifying equipment failure, the customer is forced to purchase repair services as quickly as possible. At the same time, the choice of procurement method will depend on the complexity and volume of necessary repair work, and the customer cannot always carry out such a purchase in short terms.
If the damage to the equipment is minor, for example, repairs in the range of up to 100 thousand rubles. (in exceptional cases 400 thousand rubles), then according to general rule the customer has the right to purchase from sole supplier on the basis of clause 4, part 1, art. 93 of the Federal Law of 04/05/2013 No. 44-FZ on the contract system (hereinafter referred to as Law No. 44-FZ)<*>. But only if the volume of purchases on the specified basis on the date of conclusion of the agreement (for urgent repairs) does not exceed 2 million rubles, or 5% of the total annual volume of purchases.
<*> Separate category customers on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ has the right to make purchases of up to 400 thousand rubles.
If restoration of equipment functionality is required in an amount exceeding 100 thousand rubles. (and in exceptional cases 400 thousand rubles), then the customer is obliged to carry out a competitive procurement procedure (for example, a request for quotations, a tender or an electronic auction) and only after that conclude a contract. When choosing a procurement method for equipment repair between a tender and an electronic auction, in some cases the customer is obliged to make a choice in favor of the latter. Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r approved the list of goods (works, services) that are purchased through electronic auction. For example, it included the following items:
If the procurement object is not included in the specified list, the customer has the right to hold a tender. But the duration of competitive procedures cannot indicate the efficiency of equipment repair<**>.
<**>For example, in the case of a request for quotation, the minimum period from the date of publication of the notice to the date of conclusion of the contract is 22 days, and in the case of a tender - 33 days.
The fact that any procurement procedure is preceded by a procedure for its advance planning deserves special attention. For example, in the case of procurement based on clauses or part 1 of Art. 93 of Law No. 44-FZ, the customer must ensure that the required amount has been “reserved” in the procurement plan and schedule. Let us remind you that purchases by stated reasons in planning documents are reflected without detail, with a total amount within annual needs. Otherwise, the customer first makes changes to the procurement plan and/or schedule, for example, by adjusting cost indicators (“Volume financial security", "Initial (maximum) contract price") and/or adding a new procurement item indicating the NMCC, timing and method of procurement and execution of the contract. In this case, the duration of the procurement cycle increases by at least 10 days, this is the legal time limit that the customer must wait after changes are made to planning documents.