Law No. 44-FZ, when 2 or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions (hereinafter also referred to as tenders). Rights, obligations and responsibilities of customers when carrying out joint bidding determined by an agreement concluded in accordance with the Civil Code of the Russian Federation and Law No. 44-FZ.

The powers that mandatory are transferred to the organizer of the joint auction in accordance with the agreement, and the resulting responsibilities are determined by Part 3 of Art. 25 of Law No. 44-FZ, clause 6 of the Rules. According to these standards, in order to conduct joint auctions, their organizer:

Approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement (Part 3 of Article 25 of Law No. 44-FZ, paragraph "a" clause 6 of the Rules);

Develops and places in a single information system(hereinafter referred to as the UIS) notice of procurement, develops and sends an invitation to participate in closed tenders, and also develops and approves documentation prepared in accordance with Law No. 44-FZ. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the amount of the NMCC of each customer, while the justification for such price contains the justification for the NMCC of each customer (clause "b" of clause 6 of the Rules);

Provides documentation to interested parties (clause "c" of clause 6 of the Rules);

Provides explanations of the provisions of the documentation (clause “d”, clause 6 of the Rules);

If necessary, makes changes to the notice of purchase and (or) documentation (clause “d”, clause 6 of the Rules);

Carries out placement in the Unified Information System in the field of procurement of information and documents, the placement of which is provided for by Law No. 44-FZ when determining the counterparty (clause “e”, clause 6 of the Rules);

Sends copies of protocols drawn up during joint bidding to each party to the agreement later in the day, following the day of signing of these protocols, as well as to the authorized federal executive body in the cases established by Law No. 44-FZ (

On January 1, 2014, Federal Law dated April 5, 2013 No. 44-FZ “On contract system in the field of procurement of goods, works and services for state and municipal needs” (hereinafter referred to as Law No. 44-FZ). In this regard, the Government of the Russian Federation has adopted a number of resolutions that relate to the actions of customers when making purchases within the framework of the new law. (Resolution of the Government of the Russian Federation dated November 28, 2013 No. 1088)

Regulatory framework

In accordance with Part 5 of Article 25 of Law No. 44-FZ, Resolution of the Government of the Russian Federation dated November 28, 2013 No. 1088 “On approval of the Rules for conducting joint competitions and auctions” (hereinafter referred to as Resolution No. 1088) regulates the organization and conduct of joint competitions and auctions.

In connection with the adoption of the new resolution, the Decree of the Government of the Russian Federation dated October 05, 2007 No. 647 “On amendments to the Regulations on the interaction of state and municipal customers, bodies authorized to carry out the functions of placing orders for state or municipal customers during joint tenders” became invalid. and dated 10.27.06 No. 631 “On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders.”

Resolution No. 1088 came into force on January 1, 2014, with the exception of paragraph 4, which will come into force on January 1, 2015.

Conditions for joint competitions and auctions

According to paragraph 1 of Resolution No. 1088, customers have the right to appoint joint tenders and auctions if two or more customers have a need for the same goods, works, or services. To do this, they must enter into an agreement among themselves to hold a joint competition or auction before the approval of the competition documentation or auction documentation. The agreement must contain the information specified in Part 2 of Article 25 of Law No. 44 Federal Law. Namely:

1) information about the parties to the agreement;

2) information about the object of procurement and the expected volume of procurement in respect of which a joint competition or joint auction is being held;

3) the initial (maximum) price of the contract or contracts and the justification for such a price;

4) rights, duties and responsibilities of the parties to the agreement;

5) information about the organizer of such a competition or auction, including a list of powers transferred to the specified organizer by the parties to the agreement;

6) the procedure and deadline for the formation of a procurement commission, the rules of work of such a commission;

7) the procedure and timing for the development and approval of procurement documentation;

8) approximate dates for holding a competition or auction;

9) the procedure for paying expenses related to the organization and conduct of a joint competition or auction;

10) duration of the agreement;

11) the procedure for considering arising disputes;

12) other information defining the relationship between the parties to the agreement during the competition or auction.

After signing the agreement, customers enter into the schedule information about the name of the organizer of the joint competition or auction.

Organization of auctions

The organizer is responsible for organizing and conducting a joint competition or auction, to whom other customers transfer part of their powers on the basis of an agreement.

To conduct a joint competition or auction, the organizer must approve the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer in the total volume of purchases. And also place a notice of procurement in the unified information system in the field of procurement or send an invitation to take part in a competition or auction.

In addition to the above functions, the organizer is also entrusted with the responsibilities of developing and approving documentation prepared in accordance with Law No. 44-FZ, providing it to interested parties, providing clarification of the provisions of the documentation, making changes to the procurement notice and (or) documentation.

According to subparagraph “b” of paragraph 6 of Resolution No. 1088, the initial (maximum) price indicated in the notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer. At the same time, the justification for such a price contains the justification for the initial (maximum) contract prices of each customer.

When determining a supplier (contractor or performer), the organizer is obliged to place the information and documents provided for by Law No. 44-FZ in a unified information system in the field of procurement.

After holding a joint tender or auction, he must send copies of the protocols to each party to the agreement no later than the day following the day of signing of these protocols, as well as to the authorized federal executive body in the cases established by Law No. 44-FZ.

Costs of holding a competition or auction

According to paragraph 7 of Resolution No. 1088, the parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the purpose of concluding which a joint tender or auction is held. Each customer enters into a contract with the winner independently.

If a joint competition or auction is declared invalid in the cases established by Law No. 44 FZ, then a decision to conclude a contract with sole supplier(contractor, performer) and the approval of such a decision is carried out by the customers independently.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for conducting joint competitions and auctions

Document with changes made:
(Official Internet portal legal information www.pravo.gov.ru, 06.16.2014).
____________________________________________________________________

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" the Government Russian Federation

decides:

1. Approve the attached Rules for conducting joint competitions and auctions.

2. To recognize as invalid:

Decree of the Government of the Russian Federation of October 27, 2006 N 631 “On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders” (Collection of Legislation of the Russian Federation, 2006, N 44, art. 4602);

Decree of the Government of the Russian Federation of October 5, 2007 N 647 "On amendments to the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders" (Collection of Legislation of the Russian Federation, 2007, N 42, Art. 5048).

3. This resolution comes into force on January 1, 2014, with the exception of paragraph 4 of the Rules for conducting joint competitions and auctions approved by this resolution, which comes into force on January 1, 2015.

Chairman of the Government
Russian Federation
D.Medvedev

Rules for holding joint competitions and auctions

APPROVED
Government resolution
Russian Federation
dated November 28, 2013 N 1088

1. These Rules establish the procedure for conducting joint competitions and auctions.

2. When two or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions.
Decree of the Government of the Russian Federation of June 9, 2014 N 533.

3. To organize and conduct a joint competition or auction, customers, authorized bodies, authorized institutions, the corresponding powers of which are determined in accordance with Article 26 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter respectively - customers, Federal Law), enter into an agreement among themselves to conduct a joint tender or auction (hereinafter - the agreement) before the approval of the tender documentation or documentation about the auction (hereinafter - the documentation). In this case, the authorized body, authorized institution, which is entrusted with the authority only to identify suppliers (contractors, performers), can act as a party to the agreement only as the organizer of a joint competition or auction. The agreement contains the information specified in Part 2 of Article 25 of the Federal Law.
(Clause as amended, put into effect on June 24, 2014 by Decree of the Government of the Russian Federation dated June 9, 2014 N 533.

4. After signing the agreement, customers enter into the schedule information about the name of the organizer of the joint competition or auction (hereinafter referred to as the organizer).

5. The organization and conduct of a joint competition or auction is carried out by the organizer, to whom other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct such a competition or auction. A joint competition or auction is held in the manner established by Federal Law in relation to competitions or auctions.

6. For the purpose of holding a joint competition or auction, the organizer:

a) approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement;

b) develops and places in a unified information system in the field of procurement a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, and the justification for such a price contains the justification for the initial (maximum) contract prices of each customer;
(Subclause as amended, put into effect on June 24, 2014 by Decree of the Government of the Russian Federation dated June 9, 2014 N 533.

c) provides documentation to interested parties;

d) provides explanations of the provisions of the documentation;

e) if necessary, makes changes to the procurement notice and (or) documentation;

f) carries out placement in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law when determining the supplier (contractor, performer);

g) sends copies of the protocols drawn up during the joint tender or auction to each party to the agreement no later than the day following the day of signing of these protocols, as well as to the authorized federal executive body in cases established by Federal Law;

h) exercises other powers delegated to him by the agreement.

7. The parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the purpose of concluding which a joint tender or auction is held.

8. The contract with the winner of a joint competition or auction is concluded by each customer independently.

9. If a joint tender or auction is declared invalid in cases established by Federal Law, the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently in accordance with the Federal Law.



Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

There are no new articles that have not entered into force.

When two or more customers purchase the same goods, works, or services, such customers have the right to hold joint tenders or auctions. The rights, obligations and responsibilities of customers when conducting joint competitions or auctions are determined by agreement of the parties, concluded in accordance with Civil Code Russian Federation and this Federal Law. A contract with the winner or winners of a joint competition or auction is concluded by each customer.

The organizer of a joint competition or auction is an authorized body, an authorized institution if they are vested with powers in accordance with Article 26 of this Federal Law or one of the customers, if other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct a joint competition or auction to such an authorized body, authorized institution or customer. This agreement must contain:

• 1) information about the parties to the agreement;
• 1.1) procurement identification code;
• 2) information about the object of procurement and the expected volume of procurement in respect of which joint competitions or auctions are held, the place, conditions and terms (periods) of supply of goods, performance of work, provision of services in relation to each customer;
• 3) initial (maximum) contract prices for each customer and justification for such prices by the relevant customer;
• 4) rights, obligations and responsibilities of the parties to the agreement;
• 5) information about the organizer of a joint competition or auction, including a list of powers transferred to the specified organizer by the parties to the agreement;
• 6) the procedure and deadline for the formation of a procurement commission, the rules of work of such a commission;
• 7) the procedure and timing for developing a notice of procurement, an invitation to take part in a joint closed competition or closed auction, procurement documentation, as well as the procedure and timing for approving procurement documentation;
• 8) approximate dates for holding a joint competition or auction;
• 9) the procedure for paying expenses associated with organizing and conducting a joint competition or auction;
• 10) duration of the agreement;
• 11) procedure for resolving disputes;
• 12) other information defining the relationship between the parties to the agreement during a joint tender or auction.

The organizer of a joint competition or auction approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement.

Joint competitions and auctions has the right to organize customers purchasing the same goods, works or services.

information about all parties to the agreement and identification code;

data on the object and volume of joint procurement, as well as conditions for the implementation of the contract;

NMTsK of each customer with its justification;

the rights and obligations of each party to the agreement;

information about the auction organizer and the powers delegated to him;

the procedure for forming the commission and the rules of its work;

timing and procedure for developing procurement documentation and its approval;

timing of joint competitions or auctions;

the procedure for paying expenses associated with organizing and conducting a tender;

validity period of the concluded agreement;

procedure for resolving disputes;

any other conditions defining the relationship between the parties to the contract.

Each customer adds information about the name of the organizer of such a tender to the procurement schedule, based on a signed agreement.

The organizer of a joint competition or auction approves the composition of the commission, which must include representatives of all customers, in an amount proportional to the initial maximum contract price of each of them in the total purchase volume.

The responsibilities of the organizer include:

control of the work of the commission;

information support for procurement - from the development of documentation to its clarification;

posting information about a joint competition or auction in the Unified Information System;

after the procedure, the organizer must send copies of the protocol to all parties to the agreement no later than one day after signing these protocols.

Each customer concludes a contract with the winner separately.

The initial price is determined by each customer independently, and the amount of NMCC, which is indicated in the notice and procurement documentation, is the sum of the initial maximum price of all customers and its justification contains the justification of each of them.

The costs required for holding a joint tender or auction are borne by all customers in an amount proportional to their share of the initial maximum price in the total volume of the NMCC.

Important: if the winner evades signing the contract, cash, contributed as security for the application, are divided between customers according to the same principle, i.e. in proportion to the share of NMCC in the total volume.

If, to secure an application for participation, money is deposited into a special bank account, then when depositing security for the execution of the contract, the winner must provide the money or a bank guarantee to each customer separately, based on the NMCC of each of them.

Advantages and disadvantages of joint auctions and competitions

The advantages include the fact that without the use of joint procurement, some procedures would not have been carried out at all.

For example, when it is necessary to purchase a small volume of goods or services, and therefore it is inappropriate to organize tenders due to the costs of them. Also, small volumes of purchased goods, works or services are not always profitable and interesting for suppliers, and applications for participation may not be received.

Another example, if several customers located in the same city need a product or some specific work, but the supplier or contractor is located only in a remote region and it is not profitable for him to enter into a contract with one customer. That joint procurement is beneficial to both parties, since due to the same delivery time or performance of work from the supplier or contractor, logistics costs are reduced, and customers save budget funds.

For example, delivery of food products to villages or villages: if the supplier had to deliver his products to only one place, then it would be unprofitable and the costs would be more than what was received. But if delivery will be carried out in several settlements located nearby, the contract will be profitable and procurement participants will show greater interest in it.

At the same time, a significant drawback may be that not every customer is ready to act as an organizer of a joint competition or auction, because rests with him great job and responsibility.

In view of this, an inexperienced customer simply will not cope with the responsibilities assigned to him, but a qualified one will be able to independently organize a tender.

In the UIS, such purchases are marked with a special icon under the purchase number.

Responsibility for violations

Administrative liability for violation is provided for both the tender organizer and members of the joint procurement commission.

Most often, violations are detected in terms of documentation and information support for tenders.

As practice shows, the main industry for this type of procurement is healthcare. At the same time, joint auctions are almost always held, and joint competitions are quite rare.

OOO ICC"RusTender"

The material is the property of tender-rus.ru. Any use of the article without indicating the source - tender-rus.ru is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation