Scope of services 44 federal laws. Government procurement without a certain volume of goods, works, services

When concluding contracts for the purchase of such works and services, clause 2 of Art. 42 of Law N 44-FZ allows the indication in the notice of procurement and procurement documentation of the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service and the establishment of the condition that payment for the performance of work or provision of a service is carried out at the price of a unit of work or services 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 indicated in the notice of procurement and procurement documentation. In other words, the scope of work and services in such cases will not be determined in the procurement notice or procurement documentation in principle. It is obvious from the context that we are talking about an exception, which means As a general rule, the volume of work performed and services provided must be determined when concluding a contract.

In this regard, finally, you should pay attention to the fact that Part 1 of Art. 95 of Law No. 44-FZ, establishing a general rule that a change essential terms of the contract during its execution is not allowed, at the same time it establishes exceptions for changing such conditions by agreement of the parties, including those relating to changes quantity of goods, volume of work or services(clause 1, 6, part 1, article 95 of Law No. 44-FZ).

Thus, the scope of work or services under the contract is its essential condition, since it is named as such in the law. The need to indicate the volume of services (or the price of a unit of services in the case of the above-described exception) is also indicated in the letter of the Ministry of Economic Development of Russia dated December 9, 2014 N D28i-2738.

In addition, from the above paragraph 1 of Art. 702, paragraph 1, art. 779 of the Civil Code of the Russian Federation, we can conclude that the contract must define the content of the work, that is, the types of work that constitute the subject of the contract. In relation to construction, design and survey work, this clearly follows from the above

November 27, 2016, 20:28, question No. 1454813 Irina, St. Petersburg

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Good afternoon

When conducting an electronic auction for the purchase of services, the volume of which cannot be determined, there are some features.

So, for example, in accordance with paragraph 2 of Art. 42 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) it is established that if, when concluding a contract, the volume of work to be performed for 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 cannot be determined , in the notice of purchase and procurement documentation, the customer indicates the price of spare parts or each spare part for machinery, equipment, the price of a unit 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 procurement notice and procurement documentation. Moreover, if the electronic auction documentation indicates the total initial (maximum) price of spare parts for machinery, equipment, or in the case provided for in clause 2 of Art. 42 of Law No. 44-FZ, the initial (maximum) price of a unit of goods, work or service, such an auction is held by reducing the specified total initial (maximum) price and the initial (maximum) price of a unit of goods, work or service in the manner established by Art. 68 of Law No. 44-FZ (Part 5 of Article 68 of Law No. 44-FZ). In accordance with Part 17 of Art. 68 of Law No. 44-FZ if carried out in accordance with Part 5 of Art. 68 of Law No. 44-FZ of an electronic auction, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) maintenance and (or) repair services technology, equipment, the lowest price per unit of service.

A list of services, the scope of which cannot be determined, and the customer has the right to indicate in the notice of an electronic auction and documentation about the electronic auction the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service:

Carrying out maintenance and (or) repair of machinery and 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;

Carrying out regular transportation by road and urban ground electric transport.

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There are not many of them and some points, indeed, will not be subject to change under any circumstances, even if an agreement is reached between the parties. Another question often arises - is it possible to change the terms of the contract when signing it? Here the answer is clear - no. The project must exactly correspond to the one proposed in the documentation. If the parties have come to some kind of agreement, then changes can be made only after the contract is signed. The easiest way to make changes to the terms of the contract is before the bidding begins - when applications are being submitted. Here you can change everything. The main thing is to meet the appropriate deadlines to allow changes to be made to notices and procurement documentation. What are the consequences of violating the essential terms of the contract? Violation of the essential terms of the contract by the parties threatens, first of all, with the penalties prescribed in it.

Conclusion of a contract if it is impossible to determine the quantity of goods

How to purchase services whose volume is unknown in advance: work situation

Law No. 44-FZ). Since it is impossible to determine in advance the specific parts of cars that will break down, make a list of all spare parts, down to the smallest bolts and washers. To this information, add a list of consumables that will be used during the repair. And also the cost of a standard hour of repair for your brand of car.

It is according to these given conditions that we request commercial proposals and form and calculate the initial price of the contract. The participant who offered the lowest contract price is recognized as the person who offered: the lowest total price of spare parts for machinery and equipment; the lowest price per unit of work or service for maintenance and repair of machinery and equipment; the lowest price per unit of service (Part 17 of Art.

Forum of the Institute of Public Procurement (Moscow)

In some cases, this may become a reason for unilateral termination or judicial termination. Suppliers/performers/contractors who violate the essential terms of the contract (if this fact is officially recorded) will most likely be included in the register of unscrupulous suppliers. Another situation may arise. It seems that the conditions were changed by agreement of the parties.

However, this was done without legal grounds, in cases not provided for by law. In this case, if the fact “comes to light” during an inspection by a regulatory authority, both parties will bear responsibility. Most often this is a fine, but there may be a more severe punishment.

Purchases without a specific volume of products

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. That is, the contract price remains unchanged.

Government procurement without a certain volume of goods, works, services

Maintenance or repair of 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 volume of work to be performed on maintenance and (or) repair of machinery, equipment, provision of communication services, legal services, medical services, educational services, catering services, translation services, cargo transportation services, passengers and luggage, hotel services, assessment services cannot be determined; in the notice of purchase and procurement documentation, the customer indicates the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service.

Important

Situation: auction without a specific volume. Please tell me. what to do in this situation: The customer placed an auction in electronic form in the following way: 1) There is a contract price of 1 million/rub. - this is the limit of the customer’s funds for a certain period. Those. this is the amount that the customer is willing to spend on services during the year. 2) There is a price for services and spare parts - 1.5 million - this is the sum of all spare parts and services that the customer may need to provide during the year! Those. in fact, this is the customer’s price list according to which he will pay for this or that service or product that he may need during the entire period of the contract 3) The price drop in the electronic auction is carried out from 1.5 million. Those. the cost of the service and goods will decrease, while the contract amount remains unchanged. Example: service 1 - 300 rubles. service 2 - 500 rubles. Service 3 - 400 rubles. Service 4 - 100 rubles. Service 5 - 200 rubles. Total 1500 rubles.

Determining the scope of services provided 44 ap

Attention

To this information, add a list of consumables that will be used during the repair. And also the cost of a standard hour of repair for your brand of car. It is based on these given conditions that we request commercial proposals and formulate 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 of spare parts for machinery and equipment; the lowest price per unit of work or service for maintenance and repair of machinery and equipment; the lowest price per unit of service (Part 17, Article 68 of Law No. 44-FZ).

Determining the scope of services provided 44 Federal Laws

Motherboard - 4,950 rubles;
Tuner - 2,700 rubles;
Housing - 630 rubles;
Replacing the board - 1530 rubles;
repair of the cooling system - 1,800 rubles.
Include in the contract price identical to the NMCC and indicate prices for units of goods. Moreover, each unit price given in paragraph 3 upon execution of the contract remains unchanged. The customer will only have to pay for the volume of products received in fact, but not more than the total cost of the contract.

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.
BUDGET ACCOUNTING BUDGET REPORTING LAWS AND PRACTICES OTHER MATERIALS In real life, customers periodically have the problem of matching the expected quantity of products and the need for it. The Federal Law “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs” determines the volume of purchases of certain types of services and works according to a separate principle. Let's try to figure out how these purchases can be made without violating the law and adhering to certain standards.

Regardless of professionalism, the customer is not in all cases able to make an optimal calculation of the volume of required work (services). Ideally, in each specific case, the required quantity of purchased goods or services should be calculated, which should coincide with the schedule and other procurement documents.
NMCC exclusively for the procurement of works and services expressly 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). Pskov OFAS Russia What to do when the volume of procurement services cannot be calculated in advance There are categories of works and services with a volume that cannot be established at the time of concluding the contract. Let’s assume that you need to purchase work on maintenance or repair of equipment and you don’t know what will break during the financial year. The conditions for the purchase of such “extraordinary goods” are in the law “On the contract system in the field of procurement of goods, works, services for ensuring state and municipal needs" (hereinafter 44-FZ) are regulated by Part 2 of Art.

The Ministry of Finance of the Russian Federation, having considered an appeal for the implementation of procurement activities by a municipal unitary enterprise in accordance with the provisions of Federal Law dated 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" (hereinafter - Law on the Contract System), states the following

On July 3, 2016, Federal Law No. 321-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on the Procurement of Goods, Works, and Services to Meet State and Municipal Needs and the Needs of Certain Types of Legal Entities” was adopted, establishing from January 1, 2017 the responsibility of state and municipal unitary enterprises to carry out procurement activities in accordance with the provisions of the Law on the contract system.

Thus, the Law on the Contract System obliges state and municipal unitary enterprises to carry out procurement activities in full in accordance with the provisions of the Law on the Contract System.

1. The Ministry of Finance of Russia reports that the Law on the Contract System contains a comprehensive set of measures, the use of which allows procurement to be carried out in a short time
1) when concluding a contract for an amount not exceeding two hundred and fifty thousand rubles, a request for quotations may be carried out, providing for the placement of a notice of purchase 4 working days before the date of opening and consideration of applications
2) when concluding a contract for an amount not exceeding three million rubles, an electronic auction may be held, providing for the placement of a procurement notice 7 days before the closing date for accepting applications
3) the customer has the right to conclude a contract with a single supplier (contractor, performer) without conducting competitive procedures in the cases provided for in Part 1 of Article 93 of the Law on the Contract System (currently 49 cases), including
a) when concluding a contract for an amount not exceeding one hundred thousand rubles (in this case, the annual volume of such purchases should not exceed two million rubles or should not exceed five percent of the total annual volume of purchases of the customer and should not amount to more than fifty million rubles)
b) when purchasing goods, works, services due to an accident, emergency situations of a natural or man-made nature, or force majeure
c) when purchasing services for water supply, sewerage, heat supply, gas supply (with the exception of services for the sale of liquefied gas), for connection to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation.

At the same time, a draft federal law N 32913-7 “On amendments to the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” has been developed, providing for a reduction in the time frame for making changes to the schedule up to one business day.

2. The Ministry of Finance of Russia notes that the Law on the Contract System contains special provisions allowing for the procurement of required goods, works, services, including when their volume is uncertain.

In accordance with the provisions of paragraph 2 of Article 42 of the Law on the Contract System, if, when concluding a contract, the volume of work to be performed on maintenance and (or) repair of machinery and equipment cannot be determined, the customer indicates the price of spare parts in the notice of purchase and procurement documentation parts or each spare part for machinery, equipment, unit price of work or service. In this case, it must be indicated that payment is made 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 the execution of the contract, but in an amount not exceeding the initial (maximum) contract price.

The features of determining the supplier (contractor, performer), conclusion, and execution of the contract provided for and arising from paragraph 2 of Article 42 of the Law on the Contract System are characterized by the following
1) the customer does not know the volume of spare parts (including each spare part) that will be required during the execution of the contract
2) the customer, guided by Article 22 of the Law on the Contract System, determines the maximum contract price based on the maximum amount of funds to be spent upon the conclusion of the contract
3) the customer establishes in the procurement documentation (notice) an exhaustive list of spare parts that may be required during the execution of the contract, as well as the deadline for fulfillment of obligations by the contractor
4) the contract is subject to conclusion at the initial (maximum) price of the contract, since during the bidding procedure the total initial (maximum) price is subject to reduction
5) when executing a contract, payment is made at the price of a unit of work, service based on the volume of work actually performed, 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 the amount , not exceeding the initial (maximum) contract price.

The specified design has the characteristics of a framework agreement, the terms of which, in terms of the volume of spare parts to be replaced, are specified during its execution by submitting applications by the customer to the contractor (or in another form that does not contradict the legislation of the Russian Federation), and therefore the design in question
1) can be focused on a long period of performing repetitive, same-type actions to replace the required spare parts
2) allows for the acquisition of any required quantity of spare parts within the initial (maximum) contract price established by the customer when paying per unit cost (reduced during the procurement procedure).

Also, in accordance with paragraph 1 of part 1 of Article 33 of the Law on the Contract System, it is mandatory to include the words “or equivalent” in the description of the procurement object, except in cases
1) incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer
2) cases of procurement of spare parts and consumables for machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment.

Thus, the provisions of the Contract System Law provide for the possibility of purchasing spare parts that are required by the customer in accordance with the technical documentation.

Based on the above, the Ministry of Finance of Russia reports that the Law on the Contract System contains a set of measures that ensure a balance of interests of both customers and procurement participants and at the same time aimed at increasing the efficiency of procurement of goods, works, services, ensuring publicity, transparency of procurement, developing competition by ensuring equal access of participants to procurement, which, in turn, contributes to the efficient spending of funds and the prevention of corruption and other abuses.

Document type: Letter
Authority: Ministry of Finance of the Russian Federation
Document date: Monday, 19 June 2017
Document number: 24-04-08/38893
Document title: On the implementation of MUP procurement in a short time, as well as the conclusion of a contract if it is impossible to determine the volume of work to be performed on maintenance and (or) repair of machinery and equipment

The budgetary institution entered into an agreement with Vodokanal under clause 8 of Part 1 of Art. 93 of Law No. 44-FZ. In November, it turned out that the pledged amount had been selected back in October, but Vodokanal, without noticing this, continued to provide services and issue invoices. The contract is unified, from the text of which Vodokanal does not deviate a single step, and, of course, the opportunity to increase the volume of services provided by no more than 10% of the contract price is not provided. To date, the contract has been re-selected, but within 10%, but we cannot take advantage of the opportunity to increase the price of the contract (Part 1 of Article 95). Can the parties, by an additional agreement, include this possibility in the contract and thereby close the issue of overhauling the contract? Is it permissible to conclude an agreement for the remaining months on the basis of paragraph 4 or 5, and not according to paragraph 8 of Part 1 of Art. 93 of Law No. 44-FZ? Answer: No, they cannot.

Conclusion of a contract if it is impossible to determine the quantity of goods

Attention

If, when concluding a contract, the volume of work to be performed, including maintenance and (or) repair of machinery and equipment, cannot be determined, in the notice and procurement documentation the customer indicates the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service. The law on the contract system does not prohibit the customer from evaluating applications based on the criterion of contract price per unit of goods, work, or service.

If the volume of work to be performed or services to be provided cannot be determined and payment is made at the price of a unit of work or service based on the volume actually performed, at the price of each spare part for machinery and equipment based on the number of spare parts that will be supplied during the execution of the contract, the customer must determine contract price per unit of goods, work, service.

How to purchase services whose volume is unknown in advance: work situation

In this case, the amount of payment will not exceed the NMCC specified in the notice and documentation. For example, it can be formulated in the notice paragraph as follows: “In accordance with Art. 42 of Law No. 44-FZ, 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 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 NMCC specified in the notice of purchase and procurement documentation.” It is important to indicate in the documentation that the price of a unit of goods will be calculated after determining the winner using a price reduction factor.

Forum of the Institute of Public Procurement (Moscow)

Law No. 44-FZ. Taking into account the above, Law No. 44-FZ does not prohibit the customer from evaluating applications according to the criterion of contract price per unit of goods, work, or service. Thus, if the volume of work to be performed or services to be provided cannot be determined and payment for the work or 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 From the number of spare parts that will be supplied during the execution of the contract, the customer must determine the contract price per unit of goods, work, or service.

The indicated price may include the price of spare parts for machinery, equipment and the price of a unit of work or service.

Purchases without a specific volume of products

Quote: clause 2) art. 42 44-FZ - If, when concluding a contract, the volume of work to be performed on maintenance and (or) repair of machinery, equipment, provision of communication services, legal services, medical services, educational services, catering services, translation services, transportation of goods, passengers and luggage, hotel services, assessment services cannot be determined; in the notice of purchase and procurement documentation, the customer indicates the price of spare parts or each spare part for machinery, equipment, the price of a unit of work or service.

Government procurement without a certain volume of goods, works, services

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Good afternoon We work under Federal Law 44, we are a motor transport company and often purchase spare parts and carry out vehicle repairs ourselves. It is impossible to predict what will break and at what time, i.e.

It is impossible to plan the required quantity of goods. Please tell me whether it is possible to carry out competitive procedures for the purchase of spare parts without indicating their quantity, i.e. specify the size of the NMC, a list of spare parts for which the procedure will be carried out without indicating the quantity and state that the delivery will be carried out according to the customer’s requests, within the amount of the concluded contract? Those.
In Federal Law No. 44, the concept of essential terms of a contract is used repeatedly. However, no clear, or even clear, definition has been given.

Important

In this regard, customers and suppliers/performers/contractors have many questions: what kind of conditions are these, what exactly must remain constant in the text of the contract. Indeed, according to the law, essential conditions are changed, in accordance with Part 3 of Article 34, only in exceptional cases, defined by Article 95 of 44-FZ.

What are the essential conditions? In Federal Law No. 44 and other legal acts related to public procurement, there is no concept of essential contract conditions as such. However, it is in the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

Determining the scope of services provided 44 ap

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, the supply of which will be In my opinion, the highlighted fragments clearly indicate the impossibility, in these cases, of conducting a request for quotation, due to failure to comply with the requirements of the law due to the lack of documentation when conducting a request for quotation. Don't break the law and hold an auction. In procurement since 2005.

Determining the scope of services provided 44 Federal Laws

Law No. 44-FZ). Rules for evaluating applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as procurement) in order to identify the best of the proposed conditions for the execution of the contract during the procurement, as well as the maximum significance values of each criterion for evaluating applications, final proposals of participants procurements were approved by Decree of the Government of the Russian Federation dated November 28, 2013 N 1085 (hereinafter referred to as the Rules). In the procurement documentation, the customer is obliged to indicate the criteria used in determining the supplier (contractor, performer) and their significance values.

In this case, the number of criteria used in determining the supplier (contractor, performer), except in cases of an auction, must be at least two, one of which is the contract price.
When making calculations, the obtained values are rounded to two decimal places after the decimal point according to the mathematical rules of rounding. The same principle is used for purchasing: cellular services (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 computing 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 of employees), as well as other services specified in clause 2 of Art.
For example, if a customer repairs computers, he must clearly understand how many parts he needs. But the question remains, how to implement this in practice? Methods for determining the volume of certain types of goods (works, services) In some cases, within the framework of the current legislation on the contract system, special rules are provided for calculating quantitative indicators of individual goods, services or works.
As stated in paragraph 2, art. 42, Law No. 44-F3, the procurement documentation must contain the necessary information about the cost of each unit of the service or product provided, the cost of each part or set of elements and their starting price, which must be determined in the contract. According to this document, the client pays for services or work upon delivery, and purchased items or spare parts at the specified unit cost.

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 a price reduction factor.