The main purpose of the terms of reference is to clearly define and fix the requirements for the procurement object. The law establishes that the name of the procurement is indicated in accordance with (part 4 of article 23). The catalog was approved by government decree No. 145 dated February 8, 2017.
If there is a description of the purchased products in the KTR, the customer is obliged:
- describe the object of procurement as provided for by the CTRU;
- include written justification in the description (if the description differs from that provided for in the CTRU).
The customer draws up the formulation of requirements on the basis of the rules for describing the procurement object (Article 33). Let's highlight some prerequisites:
- an indication of the equivalent;
- justification by regulations or other regulatory documents;
- availability of specifications, plans, drawings, sketches, images (if necessary);
- new condition of the goods (if there is no other need for the customer);
- requirements for providing a guarantee.
What to specify in the terms of reference
- general information;
- information about the purchased object;
- requirements for suppliers;
- conditions ;
- applications (allowed at the discretion of the customer).
Stages of drawing up terms of reference
1. Make a list of terms, definitions and abbreviations that will be used in the document.
2. Provide complete information about the customer:
- name (official name of the organization with an indication of the organizational and legal form);
- address (of the organization or unit that is responsible for public procurement);
- working hours in accordance with the internal labor schedule.
3. Provide information on the procurement information:
- or not, and if yes, the rights and obligations of each customer (GD of November 28, 2013 No. 1088);
- centralized procurement, information about the authorized body (part 1 of article 26 of law No. 44-FZ);
- involvement of experts, the order of their work.
4. List information on public procurement:
- method of determining the supplier (part 1 of article 24);
- justification of the chosen method for determining the supplier (part 5 of article 24).
5. List the requirements for the participants: goodwill, availability of production facilities.
6. Indicate the initial conditions: reference, production, experimental information that influence the execution of the contract. For example, to service the purchased equipment only in the morning hours.
7. Provide information about the features of the production process or the architectural object of the customer, which will affect the process of contract execution. For example, when drafting the terms of reference, you may need to indicate that the delivery requires a manual lift to the third floor due to the lack of an elevator.
8. Indicate the exact location of the object, and, if necessary, its full description. This will be required, for example, for the design of utilities or for an accurate calculation of the cost of repairs.
9. Give the desired results (what problem the customer wants to solve).
10. Indicate the source of funding.
11. Establish a requirement for participants to comply with a certain regulatory framework, including those related to the subject of the contract, terms of performance, terms, warranty obligations.
12. Determine the conditions of public procurement (part 1 of article 19).
13. Indicate the name and justification of the public procurement object.
14. Describe the object of public procurement as accurately and in detail as possible (Article 33).
15. Determine the environmental features of the purchased object.
16. Specify the volume of purchased goods, frequency and delivery time.
17. Determine the warranty period and the amount of guarantees provided.
18. Establish requirements for packaging, labeling, what conventional and special designations should be on it.
19. To oblige to provide confirmation of a new product or a need for a product of a different condition.
20. Determine operating costs.
21. Decide if installation and commissioning is needed.
22. Establish the order of delivery and acceptance.
23. Indicate the need to conduct tests, training of persons who will use the purchased goods.
Sample terms of reference for goods, works, services in 2020
Remember that a universal sample of the terms of reference for FZ-44 has not been developed; an individual approach is required for each purchase. Only in this way take into account all the needs and characteristics of the customer. As a guide, you can use this example of the terms of reference for 44-FZ (sample).
You can find a sample terms of reference for the performance of work on the Federal Law-44 in the material about or systems.
on the request for quotations
Technical task
for the supply of a Toyota Camry car
1. Name of the subject of procurement,
initial (maximum) contract price
1.1 The subject of the procurement is the supply of a Toyota Camry car (hereinafter referred to as the Goods), year of manufacture 2012, for the needs of the Federal State Unitary Enterprise "Central Research Institute of Structural Materials" Prometheus ".
2. Form, terms and procedure for payment for the Goods
2.1. Payment under the contract is carried out by bank transfer in rubles.
2.2. The Customer makes payment for the actually delivered Goods after signing the consignment note by the Parties within 30 (thirty) working days on the basis of the invoice issued by the Supplier.
^
3. Place, conditions and terms of delivery
3.1. The Supplier delivers the Goods in the complete set in accordance with clause 4.1 of the Terms of Reference directly to the Customer at the address: St. Petersburg, Shpalernaya st., 49.
3.2. The term of delivery of the Goods is no later than 3 (three) business days from the date of conclusion of the contract by the Parties, its registration by the Customer in the prescribed manner.
^
4. General technical requirements for the supplied Goods.
4.1. Technical characteristics of the supplied Goods
| No. p / p | Required technical specifications for the Goods |
|
| 1 | ^ Release year | 2012 |
| 2 | Body | |
| body type | sedan |
|
| body color | black metallic |
|
| 3 | ^ Body dimensions | |
| Length (mm) | 4825 |
|
| Width (mm) | 1825 |
|
| Height (mm) | 1480 |
|
| Wheelbase (mm) | 2775 |
|
| 4 | Salon | black leather |
| 5 | Number of seats | 5 |
| 6 | ^ Internal dimensions and volumes | |
| Interior length (mm) | 2080 |
|
| Interior width (mm) | 1525 |
|
| Interior height (mm) | 1210 |
|
| Fuel tank capacity (L) | 70 |
|
| 7 | Weight | |
| Curb weight (kg) | 1615 |
|
| Maximum weight (kg) | 2100 |
|
| 8 | Engine | |
| Working volume in cubic meters cm | 3456 |
|
| Fuel type | gasoline with an octane rating of 95 or higher |
|
| Number and arrangement of cylinders | 6, V-shaped |
|
| Maximum power (kW at rpm) | 183 |
|
| Maximum power (hp at rpm) | 249 |
|
| Maximum torque (N.m at rpm) | 346 |
|
| 9 | Transmission | |
| Type | automatic |
|
| Number of gears | 6 |
|
| 10 | ^ Brake system | |
| Front brakes | disc, ventilated |
|
| Rear brakes | disc, non-ventilated |
|
| 11 | ^ Steering | |
| Minimum turning radius - on wheels (m) | 5,5 |
|
| 12 | ^ Dynamic characteristics | |
| Maximum speed (km/h) | 210 |
|
| Acceleration time 0-100 km/h (sec) | 7,1 |
|
^ 4.2. Vehicle equipment requirements
| No. p / p | Required equipment of the Goods |
|
| Exterior |
||
| 1 | Front fog lights | Availability |
| 2 | Rear fog lights | Availability |
| 3 | Headlight washer | Availability |
| 4 | Xenon low beam headlights | Availability |
| 5 | Automatic headlight range adjustment | Availability |
| 6 | Chrome-plated exterior door handles | Availability |
| 7 | 17" alloy wheels, 215/55 R17 tires | Availability |
| 8 | Full size spare wheel on alloy wheel | Availability |
| Interior |
||
| 9 | Multifunction leather steering wheel | Availability |
| 10 | Electric Power Steering (EPS) | Availability |
| 11 | Power steering column adjustment for tilt and reach | Availability |
| 12 | Seats with leather upholstery | Availability |
| 13 | 8-way electrically adjustable driver's seat | Availability |
| 14 | 4-way electrically adjustable front passenger seat | Availability |
| 15 | Driver's seat with electric lumbar adjustment | Availability |
| 16 | 2nd row electrically adjustable 2 way seats 40:20:40 split | Availability |
| 17 | Folding rear seats 60:40 | Availability |
| 18 | Heated front row seats | Availability |
| 19 | Heated second row seats | Availability |
| 20 | 3 zone climate control | Availability |
| 21 | Cruise control | Availability |
| 22 | Rain sensor | Availability |
| 23 | Light sensor | Availability |
| 24 | Power windows for all doors | Availability |
| 25 | Interior trim with wood effect inserts | Availability |
| 26 | Body-coloured, heated, electrically adjustable, power-folding side mirrors with turn signal repeaters | Availability |
| 27 | Electric rear window sunblind | Availability |
| 28 | Side sun blinds for passengers in the 2nd row of seats | Availability |
| 29 | Cabin mirror with auto-dimming | Availability |
| 30 | Soundproof windshield with green tinted UV filter | Availability |
| 31 | Dashboard illumination "Optitron" | Availability |
| 32 | Front and rear parking sensors | Availability |
| 33 | Rear view camera with dynamic markings | Availability |
| 34 | 7" color LCD display EMV on the center console | Availability |
| 35 | Navigation system Toyota AVN in Russian with a hard drive | Availability |
| 36 | JBL premium audio system with CD/MP3/WMA/DVD support 10 speakers | Availability |
| 37 | Bluetooth communication system | Availability |
| 38 | USB / AUX socket (with iPod connection) | Availability |
| 39 | Smart Entry System & Engine Start with Smart Entry & Push Start | Availability |
| 40 | Controls for audio system, heated rear seats, climate control, rear seat adjustment for passengers in 2 rows of seats | Availability |
| Safety |
||
| 41 | Anti-Lock Braking System (ABS) | Availability |
| 42 | Electronic Brakeforce Distribution (EBD) | Availability |
| 43 | Emergency Brake Assist (BAS) | Availability |
| 44 | Traction Control (TRC) | Availability |
| 45 | Vehicle Stability Control (VSC) | Availability |
| 46 | Front airbags | Availability |
| 47 | Side airbags for the first row of seats | Availability |
| 48 | air curtains | Availability |
| 49 | Active head restraints | Availability |
| 50 | Immobilizer | Availability |
| 51 | Central locking with remote control and alarm | Availability |
| Optional equipment |
||
| 52 | Security system | satellite Platinum X+ |
^
5. Quality requirements
5.1. The product must be new (without mileage), not restored, without traces of mechanical damage and corrosion, not have defects associated with the quality of its manufacture, or with the quality of the materials used in its manufacture.
5.2. The quality and completeness of the Goods must comply with the technical requirements established by the current legislation of the Russian Federation for the quality of cars of this type, the technical conditions of the manufacturer and be confirmed by the Vehicle Type Approval certificate.
5.3. When transferring the Goods, the Supplier must provide the Customer with copies of the vehicle certificate and the certificate of the official dealer
^
6. Requirements for warranty service
6.1. The warranty period for the Goods is 3 (three) years or 100,000 km, whichever comes first, provided that the Goods are used in compliance with all the rules of operation and management specified in the operating manual for the Goods, as well as the timely completion of the technical service according to the rules of the manufacturer, which must be confirmed by the appropriate marks in the service book of the Goods.
6.2. Warranty obligations for the Goods are provided by the manufacturer and are provided by the official dealer in Russia.
6.3. The warranty applies to the components of the Goods, is considered equal to the warranty period for the Goods and expires simultaneously with the warranty period for the Goods.
6.4. The Supplier is obliged to provide warranty service for the supplied Goods during the warranty period.
Developer:
Head of the shopping center Tolstousov A.A.
When it comes to public procurement and unreasonable spending on various benefits, first of all, poor-quality road repairs, the construction of huge mansions-castles for state institutions and the purchase of luxury cars to transport officials to and from work come to mind. Procurement legislation is changing, becoming tougher for both sides of the process, and such unreasonable spending by public servants for the amusement of the public is becoming less and less common. But this is if you look at the process from the side of the layman. And if from the side of the customer and the supplier?
Those who are directly connected with these purchases and maneuver in this cauldron of hell between changes, fines and "Wishlist" of the leadership. The work is getting harder and harder. Each innovation of #on-workers only complicates all processes. It's the same with buying cars. The last summer amendments to the Law on the contract system have only added questions to the process itself.
OBJECT OF PURCHASE
When drawing up the terms of reference for the purchase of a vehicle, it is IMPOSSIBLE to indicate the trademark and brand of the desired car. Of course, it would be very convenient to write in the purchase "a black Toyota Camry 2019 model year in a complete set is required for delivery." Previously, some customers indicated this - the trade name of the car with the addition "or equivalent".
For some time now, such a wording in the preparation of terms of reference is contrary to the law. Therefore, it is necessary to indicate in as much detail as possible the technical characteristics of the vehicle desired for delivery: type of drive and body, number of doors and seats, overall dimensions, number of gears, body color, and so on and so forth. Also, one should not forget about additional options: airbags, ABS, the presence of audio / video systems and air conditioning, a set of interior rugs, a jack, etc.
It is most logical to take these characteristics from the websites of official dealers or manufacturers of those cars that you wish to purchase. It is more reliable to write an official request to the dealer / manufacturer and, based on the answer, draw up a technical task.
We must not forget about rationing - the maximum price ceiling for purchased goods, works, services. When purchasing cars, it is necessary to be guided by the norms of Government Decree No. 927 of September 02, 2015. Depending on the level of the manager, the maximum price of the car will also be set. But, for example, the requirement for the maximum number of horsepower in a passenger car is common to all - no more than two hundred.
AUCTION DOCUMENTATION FOR THE PURCHASE OF A CAR
The purchase of cars is included in the mandatory auction list - Decree of the Government of the Russian Federation No. 471-r dated March 21, 2016. Therefore, the question of choosing a procurement method is not worth it.
ATTENTION! To avoid fines and automate procurement, use our software. The program will check your purchases for errors, calculate the NMTsK, help you find the required OKPD2 and KTR, generate a PZ + PG for the next year, as well as a report on the SMP and SONO 10 times faster!
When preparing documentation, it is necessary to prescribe the requirements for restricting the admission of foreign goods on two points:
- Law on the contract system;
- Decree of the Government of the Russian Federation No. 656 of July 14, 2014.
When considering received applications for participation, the customer considers:
- in the first part of the application - in addition to consent to the supply of goods, the country of origin and specific indicators of the products supplied must be indicated. No words "more/less" and their variations in the participant's application should not be contained;
- in the second part of the application - the standard documents of the procurement participant (charter, TIN, etc.), as well as in some cases the ST-1 certificate and / or the examination certificate of the chamber of commerce and industry or a certified copy of the investment contract. If the purchase falls under the requirements established in the Decree of the Government No. 656 and the Order of the Chamber of Commerce and Industry of the Russian Federation No.
From July 1, 2019, the requirements for the need to use a standard contract for the purchase of cars came into force - Order of the Ministry of Industry and Trade of Russia No. 998 dated March 23, 2019. Provided that the car you are purchasing falls under the codes - 30.1, 30.3, 29.10, 26.51, 17.12, 31.01, 27.40, 28.25.
DELIVERY OF A VEHICLE ACCORDING TO 44-FZ
The final stage of work within the framework of any purchase is the delivery and acceptance of goods. It is conducted in strict accordance with the technical documentation and the terms of the contract. This surprises no one today.
An obligatory part of this stage in the purchase of cars will be the examination of the delivered goods. By the forces of the customer or with the involvement of additional resources - these are already nuances.
In addition to the standard set of documents (acceptance certificates and consignment notes), the supplier must transfer to the customer:
- technical equipment passport;
- service book;
- instruction manual;
- ignition keys.
And, perhaps, something else additionally - according to the technical specifications of the customer.
GUARANTEES
With the latest amendments to the Law on the contract system, the issue of providing guarantees by the supplier when selling cars remains controversial. When delivering cars, the warranty period is calculated in two indicators - the number of years of operation or kilometers of run. For example, 10,000 kilometers or 5 years, whichever comes first.
According to new changes in the legislation on procurement, when purchasing cars, it is necessary to provide for the provision by the supplier of not only guarantees for the delivered goods, but also warranty obligations for it. As a result, more questions have arisen regarding the calculation of the warranty period.
Unfortunately, there is no clear answer to these questions in the legislation. Therefore, each customer acts on the principle of "who is in what much." But everyone agrees that "if all the nuances are written in as much detail as possible in the procurement documentation and the draft contract, then it will be easier when accepting the goods and its operation."
Publication date: 07.08.2019
Please note that the site administration does not always share the opinions of the authors, and is not responsible for the accuracy of their information.
How to purchase a car under 44-FZ, what restrictions to take into account, what to write in the terms of reference, how to justify the purchase, read in the article. We will also consider the purchase of spare parts.
Purchase of a car under 44-FZ in 2019
As in all procedures, when purchasing cars under 44-FZ, there are restrictions: it is impossible to indicate the make and model of the car in the description of the purchase object. This is only allowed with the phrase "or equivalent". Please note that the following goods must be purchased through an electronic auction according to the list from the order of the Government of the Russian Federation dated 03/21/2016 No. 471-r:
- motor vehicles, trailers and semi-trailers - OKPD2 code 29;
- other means of transport and equipment - code OKPD2 30 (except for codes 30.1, 30.3, 30.92.2).
As for the rationale for the purchase, draw it up in accordance with Decree of the Government of the Russian Federation dated 06/05/2015 No. 555. You can indicate the state or regional program, and if the purchase falls under non-program expenses, you can include the following wording: "Implementation of functions and powers."
Restrictions
When purchasing a car according to 44-FZ, consider the requirements of rationing. These are the marginal indicators of the characteristics and prices of purchased goods. For cars, they are specified in Decree of the Government of the Russian Federation of September 2, 2015 No. 927. The engine power of a passenger car should be no more than 200 horsepower. The maximum cost of the vehicle depends on the category of the customer:
- head or deputy head of a federal state body - 2.5 million rubles;
- head of a federal state body (in a federal agency), deputy head of a federal state body (in a federal service or federal agency) - 2 million rubles;
- the head (or his deputy) of a structural subdivision of a federal state body - 1.5 million rubles.
National Treatment
Car purchases under 44-FZ are subject to a ban under the national regime. The rules are established in Decree of the Government of the Russian Federation of July 14, 2014 No. 656. The ban applies to the purchase of cars of foreign origin, as well as to:
- bulldozers on caterpillar tractors;
- tractors;
- self-propelled graders;
- excavators;
- vehicles with a spark ignition engine, with a cylinder capacity of not more than 1500;
- vehicles with a spark ignition engine, with a displacement of more than 1500 cylinders;
- vehicles with a piston internal combustion engine with compression ignition (diesel or semi-diesel);
- buses;
- trolleybuses;
- trucks.
The essence of the restrictions is that when purchasing a car or leasing services with the subsequent purchase of a vehicle, the customer is obliged to reject applications with products from foreign countries, with the exception of the EAEU countries. You can confirm the country of origin with a certificate issued by the authorized body of the EAEU member state.
The main rule when purchasing vehicles is to give preference to Russian goods and follow the rules of rationing. In the documentation, establish a ban on the admission of foreign engineering goods, and in the schedule, show that you are applying the national regime. In the terms of reference, do not indicate the brand of the car, otherwise you will limit competition. See how to proceed step by step when purchasing vehicles.
An example of a correct technical specification for a car
When drawing up a description of the procurement object, consider the requirements of Art. 33 of Law 44-FZ. In particular, include images or photographs of the product in the terms of reference, use indicators that are provided for by publicly available technical regulations. There is no approved specification form. Often, customers include a table in the documentation, which indicates the name of the car, characteristics, quantity and price.
Consider a real example of the description of the procurement object. The customer purchased a DATSUN on-Do ACCESS MT car or equivalent, the NMTsK amounted to 452 thousand rubles, the notification number in the EIS was 0134300065319000028. The following characteristics were indicated in the terms of reference:
- color - gray;
- engine volume, l. - not less than 1.6 liters, power, hp - not less than 87 hp;
- gearbox - mechanical transmission;
- ABS with brake force distribution system;
- BAS (Electronic Brake Booster);
- EBD (Electronic Brakeforce Distribution);
- driver's airbag;
- three-point inertial seat belts;
- heated front seats;
- electric power steering;
- steering wheel height adjustment;
- folding rear seats;
- front and rear mudguards;
- year of issue - not earlier than 2019.
Purchase of spare parts for cars according to 44-FZ
When purchasing automotive parts under 44-FZ, customers indicate the make of the car, license plate number and body number. This is permissible, since the technical documentation for the machine prohibits the use of other spare parts. Accordingly, participants offer only spare parts suitable for a particular vehicle.
Consider how to write a description of the procurement object, using an example. The customer purchased spare parts for several cars - notification number in the EIS 0138100005319000022. In the terms of reference, he indicated the models and listed which spare parts are needed, without specific characteristics. For example, to UAZ Patriot state. No. В921ВТ body 316300F1048635 required:
- generator drive belt 1 pc.;
- set of pivots with bearings 1 pc.;
- front gearbox shank oil seal 1 pc.
Attached files
- Terms of reference for the supply of a passenger car.docx
- Terms of reference for the supply of special vehicles.docx
- Terms of reference for the supply of a school bus.docx
SPECIFICATIONS FOR DELIVERY
CAR
1. General requirements for delivery conditions
1.1 General requirements for the conditions and procedure for the delivery of a car (goods):
Delivery requirements: delivery of the car to Abakan and its transfer to the Buyer is carried out by the forces and at the expense of the Supplier with the execution of the relevant documents.
Terms of payment A: Payment is made in advance payment in the amount of 100% of the cost of cars;
Product acceptance: Acceptance of the goods in terms of quality, completeness and presentation is carried out during the transfer of the goods to the Buyer.
1.2. List of characteristics and quantity of goods
The customer intends to purchase the following products:
|
Name |
|
|
Vehicle - Toyota or equivalent. Car model - Verso LCA. Quantity - 1 pc. Year of release - 2012. The composition of the package:
Manufacturer's warranty for at least 3 years or 100,000 km. run. When offering an equivalent, information confirming the equivalence must be provided. |
2. Technical requirements for products
2.1. General requirements
General technical requirements for products:
Products must be new and not previously used;
The quality of the supplied products must comply with the current GOSTs and TUs, a certificate of conformity.
2. Requirements for the composition of the Participant's competitive offer
set out in the procurement documentation.
