Decree of the Government of the Russian Federation of November 28, 2013 N 1088
"On approval of the Rules for conducting joint competitions and auctions"

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

2. To recognize as invalid:

Decree of the Government of the Russian Federation dated 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, when carrying out joint bidding"(Collected Legislation of the Russian Federation, 2006, No. 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" (Collected Legislation of the Russian Federation , 2007, N 42, art. 5048).

Rules
holding joint competitions and auctions
(approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1088)

With changes and additions from:

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.

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 single information system in the field of procurement, a notice of procurement, develops and sends an invitation to take part in a closed competition or auction, and also develops and approves documentation prepared in accordance with 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;

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 protocols drawn up during the joint tender or auction 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 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.

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

In pursuance of the new Law on the contract system in the field of procurement of goods, works, services for state and municipal needs, a procedure has been established for holding joint competitions and auctions.

If 2 or more customers have a need for the same goods, works, services, they have the right to hold joint competitions or auctions.

For this purpose, customers enter into a special agreement among themselves. This must be done before the tender or auction documentation is approved.

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

The powers of the named organizer are specified. Thus, he approves the composition of the procurement commission. Provides documentation to interested parties and explains its provisions. Places in a unified information system in the field of procurement information and documents necessary when identifying a supplier (contractor, performer).

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 price.

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

If a joint competition or auction is declared invalid, the decision to conclude a contract with a single supplier (contractor, performer) is made by the customers independently.

The previous provision on holding joint tenders was declared invalid.

The resolution comes into force on January 1, 2014, with the exception of the requirement to include information about the name of the organizer in the schedule. It applies from January 1, 2015.

Decree of the Government of the Russian Federation of November 28, 2013 N 1088 “On approval of the Rules for conducting joint competitions and auctions”

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.

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). The rights, obligations and responsibilities of customers during joint bidding are 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 the unified information system (hereinafter referred to as the UIS) a 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 the protocols drawn up during the joint bidding 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 N 44-FZ (

Joint bidding is a procedure for the acquisition of goods, works and services for several organizations, which is carried out by the procurement organizer on the basis of an agreement concluded between such organizations

Despite the variety of purchased goods, works and services, both in the field of government procurement and corporate procurement, the bulk are fairly standard goods, works and services that are required by almost every customer. Taking this point into account and guided by the principle of efficiency, the legislator provided and established such a tool as joint bidding, which allows the customer to minimize their time and financial costs for making the same purchases. Organizing joint tenders can significantly reduce costs associated with the need to conduct competitive procedures. Therefore, we will consider in detail the procedure for conducting joint tenders, and also note the key positive and negative aspects of this institute.

Joint bidding procedure

Initially, we will cover the issue of holding joint tenders under 44 Federal Laws. Article 25 of the Contract System Law establishes general provisions holding joint tenders. In particular, it is stipulated that the only form of determining the winner can be competitions or auctions. The Law on the Contract System does not provide for other methods for joint tenders.

Since the interaction of customers is carried out only in relation to the procedural aspects of determining the supplier (performer, contractor), then after these are carried out, further actions of the customers are no longer subject to coordination and, in particular, each customer concludes a contract with the winner independently. Also, the rule of law determines that the main document defining the rights, duties and responsibilities of the organizer and participants in mutual tenders is an agreement that must be concluded in accordance with civil law, taking into account the Law on the Contract System. Additionally, it has been established that either one customer or an authorized body or institution from the field of centralized tenders can act as organizers of mutual tenders. Who should be the organizer in specific tenders is determined by agreement between the participants.

Despite the different legal regulations for legal entities working in accordance with Law 223-FZ, the institution of joint tenders almost completely corresponds to the field of state and municipal procurement, with minor differences, which will be clarified further if any.

Agreement on joint bidding

To conduct general tenders in accordance with the Contract System Act, an agreement will be required with other customers. In accordance with Part 2 of Article 25 of the Law on the Contract System, such an agreement must contain some mandatory information, in particular: IKZ (purchase code), essential conditions, NMCC in relation to each customer, information about the organizer, the procedure for dividing costs, the term of the agreement, and so on and other information. The form of the agreement must be in writing. If technically possible, it can be concluded in the form of an electronic document, subject to compliance with the requirements of the Law on Electronic Signatures.

In addition to the agreement, the rules for the procedure are also established by Decree of the Government of the Russian Federation dated November 28, 2013 No. 1088. In particular, these rules define the powers of the organizer, which include, among other things, the creation and approval of a procurement commission, which will have to evaluate bidders’ bids . The composition of such a commission includes members of each of the customer participants in relation to the volume of procurement carried out in the total volume. The procurement organizer also carries out everything procedural actions to determine the winner, draws up documentation, protocols, gives explanations, makes changes and other actions provided for by the Law on the Contract System or Law 223-FZ.

The subject of an agreement under Law 223-FZ can only be goods, works and services with the same codes of the All-Russian Classifiers. The needs of several customers are summarized and presented in the form of one lot. Based on the results of joint bidding, contracts are concluded with the winning customer individually.

Positive and negative aspects of joint tenders

The undeniable advantages of such tenders naturally include the opportunity to participate in them major representatives businesses for which customer tenders individually could not be so interesting. Also, the possibility of the occurrence of corruption factors is significantly reduced, since the procurement organizer carries out all the necessary actions to determine the winner, and the interest of an individual customer in no way can influence the final outcome of the procedure. Procurement efficiency is of course also greatly enhanced, since customers are then significantly relieved of many of the requirements of the Contract System Act, which allows them to concentrate on their core activities.

But, despite these advantages, such auctions also have a number of significant disadvantages. For example, in the process of preparing documentation, different customers will inevitably formulate the description of the procurement object differently and prepare justification for the price. And the organizer will have to bring all this data to general form and type, which can significantly complicate the process of preparing procurement documentation. Also, such tenders practically close participation in them for representatives of small businesses, which ultimately negatively affects economic processes.

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 of the 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

Note ed.: the text of the resolution was published on the official Internet portal legal information http://pravo.gov.ru/, 02.12.2013.

Rules for holding joint competitions and auctions

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

2. If 2 or more customers have a need for the same goods, works, services, such customers have the right to hold joint competitions or auctions.

3. To conduct a joint competition or auction, customers enter into an agreement among themselves to conduct a joint competition or auction (hereinafter referred to as the agreement) before the approval of the tender documentation or documentation about the auction (hereinafter referred to as the documentation). The agreement contains the information specified in Part 2 of Article 25 of the Federal Law “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs” (hereinafter referred to as the Federal Law).

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) places a notice of procurement in the unified information system in the field of procurement or 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;

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;

E) 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.

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 of the Russian Federation decides:

1. Approve the attached joint competitions and auctions.

2. To recognize as invalid:

Decree of the Government of the Russian Federation of October 27, 2006 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” (Collection of Legislation of the Russian Federation, 2006 , No. 44, Art. 4602);

Decree of the Government of the Russian Federation of October 5, 2007 No. 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” (Collected Legislation of the Russian Federation , 2007, No. 42, Art. 5048).

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

Rules
holding joint competitions and auctions
(approved by the Government of the Russian Federation dated November 28, 2013 No. 1088)

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

2. If 2 or more customers have a need for the same goods, works, services, such customers have the right to hold joint competitions or auctions.

3. To conduct a joint competition or auction, customers enter into an agreement among themselves to conduct a joint competition or auction (hereinafter referred to as the agreement) before the approval of the tender documentation or documentation about the auction (hereinafter referred to as the documentation). The agreement contains the information specified in Part 2 of Article 25 of the Federal Law “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs” (hereinafter referred to as the Federal Law).

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) places a notice of procurement in the unified information system in the field of procurement or 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;

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 competition 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.

Document overview

In pursuance of the new Law on the contract system in the field of procurement of goods, works, services for state and municipal needs, a procedure has been established for holding joint competitions and auctions.

If 2 or more customers have a need for the same goods, works, services, they have the right to hold joint competitions or auctions.

For this purpose, customers enter into a special agreement among themselves. This must be done before the tender or auction documentation is approved.

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

The powers of the named organizer are specified. Thus, he approves the composition of the procurement commission. Provides documentation to interested parties and explains its provisions. Places in a unified information system in the field of procurement information and documents necessary when identifying a supplier (contractor, performer).

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 price.

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

If a joint competition or auction is declared invalid, the decision to conclude a contract with a single supplier (contractor, performer) is made by the customers independently.

The previous provision on holding joint tenders was declared invalid.

The resolution comes into force on January 1, 2014, with the exception of the requirement to include information about the name of the organizer in the schedule. It applies from January 1, 2015.